Bail agents play an important role in the criminal justice system, both by protecting the rights of individuals and preserving the justice the system provides. Whether or not you've ever been or known a defendant who's been arrested, here's what you should know about bail bonds and the agents who post bail.
The term bail typically means the securitysuch as cash or bondgiven for the appearance of the defendant. Posting a bail bond involves a contractual undertaking guaranteed by a licensed, bonded and insured bail bondsman and the individual posting bail. The bail agent guarantees to the court that the defendant will appear in court each and every time the judge requires him or her to do so.
For this service, the defendant, or a cosigner (typically a family member or friend), gets charged a percentage of the bail amount10% in most states. The defendant or cosigner often backs the promise to appear in court by presenting the bail agent with collateral sufficient to cover the amount of bail. Depending on the situation, a defendant can be released from jail on the signature of a family member or friend alone, as long as the cosigner works and has either owned or rented a home in the same area for some time.
If the defendant 'skips' a court appearance, the court will issue a warrant for arrest, and the cosigner will become responsible for the full amount of bail.
As long as the defendant appears at all required court appearances, the judge will exonerate (release from obligation) bail once the court appearances are completed, and the bail agent will close the case.
Bail agents help protect defendants' constitutional right to be released while awaiting trial. Before using a bail bond service, make sure the agents follow a code of ethics and fully comply with the laws and regulations governing the transaction of bail in your state. If you have any questions, ask first and make sure you get the service and assistance you need and deserve. |