How Bail Bonds Work

When an individual is arrested for a crime, normally that person will be taken to a local law enforcement station for booking, prior to incarceration in a police precinct or county jail. Once arrested and booked, the defendant has several options for release pending the outcome of his case. Posting a bail bond involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. The bail agent guarantees that the defendant will appear in court on each occasion that the judge requests him to.

For this service, the defendant is charged a percentage of the bail amount. Prior to the posting of a bail bond, the defendant or the co-signer must guarantee the bail payment in full if the defendant should fail to appear in court. Typically, a family member or close friend will post bail and co-sign. Co-signers usually need to be employed and either own or rent a home in the same area. In the case that the defendant "skips" bail, the co-signer is immediately responsible for the full amount of bail.

The basic release options available to an arrestee are cash bail, surety bond, property bond and release on his own recognizance.

CASH BAIL: Cash for the total amount of bail must be in the form of a personal check, cashier's check or money order and delivered to the facility where the defendant is being held. If he shows up for his scheduled court appearances, the cash is returned. If he fails to appear, the bond is forfeited to the court.

SURETY BOND: This process involves a contractual undertaking guaranteed by an insurance company having sufficient assets to cover the face value of the bond. The arrestee or a relative or friend of the arrestee contacts a bail agent to arrange for a bond to be posted in the amount of bail, to guarantee the arrestee's return to court. With his money on the line, if the defendant skips trial, the bail agent has the incentive to search for him and bring him in.

PROPERTY BOND: Offered in few states, this option involves placing actual property with the court as security for the defendant's release from custody. If the defendant fails to appear for a court date, the court may take actions to foreclose on the property to obtain the forfeited bail amount.

OWN RECOGNIZANCE: This is program usually offered to individuals with no past criminal record or non-violent offenses. The courts believe that the defendant is of little threat to the public. The staff from this program interview individuals in custody and make suggestions to the court regarding their release without any financial security to insure the defendant's return.