Bail, Bond, and Bail Bondsmen

After you are arrested, you are placed in a holding cell at the police station or in a cell at the county jail. Once in jail, you may be able to post bail. But what exactly is bail? What is a bond? How does bail work? How does a bond work? To whom do you turn in order to post bail?

While a person may post his own bail, most of the time, a bail bonding company is used.  When a person attempts to use his own funds or those of family or friends, the State may require a “source hearing,” which delays release from jail, to determine if the funds were obtained legally.  A source hearing is not required when a bail bonding company is used.

A bail is a financial agreement that a bail bondsman makes with the court on the behalf of the defendant (the person charged with a crime).  The court receives a firm assurance or commitment from the bail bonding company, backed by collateral, such as money, a home, property, assets, or bonds, as security that the defendant will appear in court for all matters relating to his or her case or trial if is released from jail. Thus, a bond is monetary insurance guaranteeing the defendant’s appearance in court. However, if the defendant fails to appear for his or her trial, the bail bondsman may track him down and have him or her thrown in jail until trial.

A bail bondsman’s services are not free. Typically, he or she charge a non-refundable fee of 10% of the collateral used to pay for the defendant’s bail. In order to pay for the bail’s cost, the bail bondsman usually will require security or guarantors (co-signers).  If the defendant does not show up for trial, the bail bonding company will collect the entire amount from the co-signers, sell the property secured for the bail, or both.  Again, if the defendant’s assets are not enough to cover the bail cost and defendant does not come to court, the bail bondsman likely will take some of a friend’s or relative’s assets to cover the cost of the entire bail.

Okay, you post bail. But how and where do you find a good bail bondsman? Do you do a blind Internet search? No!  You should ask yourself these questions before and when you search for a bail bondsman:

• Does the bail bondsman have a clean and professional appearance?
• Does the bail bondsman have an actual office?
• Does the bail bondsman have a current and valid bail license?
• Is the bail bondsman recommended by an individual you know and trust or by a reliable third party?
• Did you contact the bail bondsman, or did he or she contact you out of the blue?

Remember, you can negotiate the amount you pay the bail bondsman.  Some bond companies will accept less than 10%.  So, negotiate.

If you get arrested, remember this: You may be able to post bail. But you also have rights and legal remedies, and you do not have to go through the criminal justice and judicial processes alone. An attorney can help. For more information, contact Nashville Attorney Perry A. Craft.