Being arrested can be a traumatic, life-changing event. But being held in jail and having to put your whole life on hold while waiting for your next court hearing, can be just as devastating. That’s where bail bonds come in.
These arrangements can help you secure the money needed to regain your freedom before your next court date, while also leaving the money in the pockets of your loved ones. Not only can these bonds help relieve some of the stress you are experiencing, but they also allow you to go back to work, continue to support your family, and live your life as normal. While these may not be the best option for everyone, knowing that you have the option to post bail through a bond can help you find a way out from an overwhelming situation.
In this guide, our experts will take you through all you need to know about bail bonds and their role in the broader criminal justice system.
Covering The Basics: What Are Bail Bonds?
Before we dive into the details and implications of bail bonds, let’s start by covering the basics of what bail bonds are. The term “bail” refers to an amount of money set by the court which, if paid by a suspect in custody, allows them to be released from behind bars before their court hearing. The bail amount is set after the arrest and before the court date. Once the suspect appears in court on a set date, the money is released back into the account of who paid it (usually a friend or family member of the accused).
A bail bond is essentially a financial guarantee to the court that the defendant will show up for their court dates. It's offered by a bail bond agent, who charges a fee for the service (i.e.: guaranteeing the payment), allowing the defendant to be released from jail while awaiting trial. This bond is a type of surety bond.
The bail amount is set by the judge, and can vary significantly, based on factors such as:
- Severity of the offense - The more serious the crime, the higher the bail tends to be
- Flight risk - If there's a chance the accused might flee or not show up in court, bail can be set higher.
- Criminal history - A record of past crimes, especially if violent, can increase bail.
- Risk to public safety - If the accused (or the committed crime) poses a threat to others, bail can be higher or denied.
The Role of Bail Bond Agencies
If you or your family can’t afford to post bail, you may require a loan. However, banks and other loan institutions very rarely provide loans to post bail. That’s where bail bond agencies come in.
Bail bond agencies are specialists in providing bail bonds. Their role is to pledge money as a surety that a suspect will appear at their next court date. In exchange for a fee, they provide money and take on the risk and responsibility to help the accused.
Usually, while the accused is waiting for the bail to be posted, family members or friends liaise with a bail bondsman to secure the release of the defendant in the shortest time possible after bail has been set.
According to the Bail Agent Network, the average fee of bail bondsmen is 10-15% of the face value of the bond. This amount is charged upfront and may not include additional fees. Some states have capped the amount that can be charged by bondsmen at 8%.
How Bail Bonds Work
Here’s the process of obtaining a bail bond:
- The bail is set - After a person is arrested, a judge will set a court hearing date and an amount for their bail. The amount of bail is at the judge’s discretion, and it can be as low as $500 for nonviolent misdemeanor or higher than $20,000 for felony crimes.
- Choosing to remain in jail or post bail. Once bail is set, the accused can either remain in jail until charges are resolved at trial - which can take several weeks or months - or arrange for a bail bond. The accused can also choose to pay the amount in full, in which case the judge may use a title to a home or other assets as collateral in lieu of cash.
- Working with a bondsman. The family members or the friends of the accused can work with a bondsman to get the bail posted. A statement of creditworthiness or an asset (i.e.: properties, securities, cars, jewelry, and stocks) that can be used as collateral may be required.
- Release. Once the bail - or the bail bond - is delivered, the accused is released from jail, with the promise of appearing at their next court date.
- Follow up. If the accused skips bail, flees, or fails to appear at their court date, the bondsman can turn into a bounty hunter to return them to court. A grace period allows the accused to return and re-release the bail money. If the accused doesn't return, the money and collateral are taken by the courts.
A Fairer Criminal Justice System: The Role of Bail Bonds
While posting bail allows accused to return to their lives while waiting for trial, the bail system isn’t without flaws. One of the most significant ones is that not every person who is arrested has enough cash to get released.
According to the U.S. Commission on Civil Rights, more than 60% of defendants are detained pretrial because they can’t afford to post bail. This isn’t surprising, given how high and disproportionate the bail amounts set by judges can be.
For example, in 2015, the median bail amount set for felonies was $10,000, while the median annual income of a person in pretrial detention (i.e.: arrested) was $15,109. In turn, the bail system creates an unfair advantage for those with more money while hitting the hardest those with limited income - which also account for the majority of people arrested or in jail.
While, certainly, this system could improve to safeguard the rights of defendants, bail bonds can work as an intermediate solution.
That’s how bail bonds play a key role in a criminal justice system that believes that a person is innocent until proven guilty: they provide more defendants with equal opportunities to access pretrial release.
States Where Bail Bonds Are Utilized
The commercial bail bond system is exclusive to the United States and the Philippines, with other countries offering other types of bail conditions in exchange for release until trial dates. Within the US bail bonds are used in certain states, including Kentucky, Maine, Massachusetts, Nebraska, Oregon, Wisconsin, and Washington, DC. However, the laws are charging. For example, in July 2023, the Illinois Supreme Court declared the legislation ending cash bail constitutional, and since September 18, 2023, courts in Illinois use a "pretrial release" system, determined by the SAFE-T Act.
Eligibility for Bail Bonds
Bail is an option accessible to any person charged with a non-capital crime. However, the judge may decide whether or not to grant bail, depending on the severity of the crime, the defendant's flight risk, and factors relevant to public safety.
Although virtually every defendant with a set bail amount could apply for a bail bond, bail bond agencies set their own requirements, which include proof of creditworthiness and availability of assets that can be used as collateral.
Example of How a Bail Bond Works
Joe gets arrested for a minor offense and his bail is set at $10,000, an amount neither he or his relatives can afford out of pocket. His family or friends can then decide to approach a bail bond company, which agrees to post Joe's bail in exchange for a non-refundable fee of 10% (or $1,000).
The bondsman then secures the equivalent of the remainder of the total amount set by the judge ($9,000) in collateral from Joe or his family. Joe then complies with the court’s requirements and appears in court on a set date. The bondsman will release the amount of $9,000 in collateral back to Joe’s family, and keep his or her fee ($1000).
The Benefits of Bail Bonds
Bail bonds offer a range of benefits for the defendant, as well as for the criminal justice system as a whole.
Freedom During Trial
Experiencing a trial can significantly disrupt one’s life, especially as resolution often comes after months or years. Waiting in jail for such prolonged periods of time can have a devastating impact on a person's employability, family life, and relationships.
That’s where bail bonds can help. This crucial option massively reduces stress, enables the accused to return to work, and eases the pressure on their families. Last but not least, being out on bail allows for better preparation for court proceedings.
Confidentiality, Convenience, and Guidance
Navigating the bail process can be complex and daunting. Without the help of a bail bond agency, a defendant or their family can struggle to muster enough cash to secure bail - and the release of their loved one - quickly.
That’s where reputable bail bond services come in. Agencies like Alana’s Bail Bonds offer not just the financial means for a prompt release within 24 hours but also confidentiality and guidance through the legal system.
Reducing The Burden on The Criminal Justice System
Keeping individuals in jail while awaiting trial can have a huge impact - and cost! - on the criminal justice system as a whole. Based on 2021 data, the average annual Cost of Incarceration for a Federal inmate was $43,836 ($120.10 per day).
Beyond the financial strain, pre-trial detention slows down the justice system, delaying processes for others. From this viewpoint, bail bonds play a pivotal role in freeing up resources and ensuring fairer, more efficient proceedings for everyone involved.
The Drawbacks of Bail Bonds
Although bail bonds can have significant benefits, they are not free of flaws or drawbacks. Let’s look at what you should be aware of below.
Potential Financial Burden
Thile it offers a lifeline to those who cannot afford bail, a bail bond may come at a significant cost. The fee paid to bondsmen – typically 10% of the total bail amount – is non-refundable, regardless of the trial’s outcome. For some, this fee is a steep price, straining their finances even further in an already challenging time.
Risk of Not Appearing in Court on the Set Date
As we have seen above, one of the conditions of bail is the accused's promise to appear in court on the set date. Failing to do so not only causes infringements of the agreement with the bondmen, but also puts immense emotional and financial pressure on the family members of the accused. This scenario can lead to further legal complications and the loss of homes and assets.
Risk of Discrimination
The bail bond system can be seen as discriminatory, particularly affecting low-income defendants - something that is believed to have contributed to the mass incarceration of young Black men. The requirement of upfront payment or collateral before a trial even begins places an excessive burden on those without financial means. Reports by the Prison Policy Initiative highlight that around 536,000 people are in jail in the U.S. simply because they can’t afford bail.
Choosing a Bail Bond Agency: 3 Key Tips
If you are looking for immediate assistance with your case, it is critical to ensure that you are making the best choice for your needs and financial goals. Entrusting an inexperienced bondsman with your life savings can quickly turn into a catastrophe! Here are three simple tips to guide you in your choice.
Finding a Bail Agency Before You Need It
Erratically searching for a bondman in a moment of need can place immense stress on you and your family. Instead, with a clear mind, look for agencies, shortlist candidates, and find the best professional for your needs. As the motto of the King Stahlman Bail Bonds agency reminds us, “It’s better to know me & not need me, than to need me & not know me.”
Opting for a Local Expert
When looking for an experienced bondsman, be sure to find the help of a local specialist. A company that specializes in your area or state can offer a range of benefits, including:
- Familiarity with the area’s legal system, which can lead to quicker release times
- Personalized services that allow you to obtain a deal convenient to you
- Local knowledge of the area’s institutions, court system, and procedures
- A network of contact that can make the process smoother
- Immediate accessibility when you need it most
For example, if you are seeking help in Southern California, the team at San Diego Bail Bond should be your first port of call.
Checking Reviews and References
Be sure to take your time to review the reviews and references of your shortlisted candidates. Not only will these help you understand the level of service you could expect, but they can also hint at the level of support provided and at the transparency of the agreement’s terms.
Conclusion
Navigating the world of bail bonds in a moment of stress and overwhelm can feel extremely daunting. Fortunately, you are not alone in this. Get in touch with the team at Sexual Harassment Attorney to find all the guidance and help needed.
