Helpful Information

Overview:
Bail bondsmen are independent businessmen with a unique business niche—securing temporary release from prison for people accused of crimes. When a suspect is apprehended (or an arrest warrant issued), a judge may allow him to avoid jail time by pledging cash or property to the court. This arrangement, known as “posting bail,” frees the accused while he awaits trial. Because the cost of bail can be prohibitive, many lack the financial resources to post it; a bail bondsman pledges the bail fee on the defendant's behalf. Bail bondsmen have standing arrangements with local courts and insurance companies that allow them to act as guarantors. The word “bondsman” refers to a person who works closely with an insurance company to provide bail sureties while an individual who uses his own assets is called a “bond agent.” Both bondsmen and bond agents charge their clients a non-refundable fee, typically 10% of the total bail amount.
Bondsmen work to establish rapport with their clients and often offer practical assistance such as rides to legal appointments and court appearances. If the suspect fails to appear as ordered (or “skips bond”), both the bondsman and co-signer are responsible for the full bail fee. In most cases, the court allows a reasonable amount of time to locate and apprehend fugitive defendants. This practice, known as “bounty hunting” or “skip tracing,” may be performed by the bondsman or contracted out to others. If the defendant appears in court on the appointed date and meets all legal obligations, bail is returned.
Bail bondsmen take personal satisfaction in helping clients of limited means avoid the hardships of a lengthy incarceration and meet their work and family commitments during the pre-trial period. They also play an important role in the court system by ensuring that defendants appear for trial so that justice can be served. As independent businessmen, established bondsmen enjoy excellent earnings as well as the freedom to set their own schedules.

Work Environment:

While bail bondsmen conduct most of their business in office settings, they also travel to correctional facilities to meet with clients and deliver documents to sheriffs and deputies. Most bondsmen have standing agreements with both local courts and third-party payers, allowing them to handle cases 24 hours per day and on short notice.
Bail bondsmen have contact with a wide range of people, from law enforcement officers and judges to criminal offenders and their family members. They often work with people who are untrustworthy, underhanded and deceptive or have committed crimes they find personally offensive. Most bail bondsmen have “frequent fliers” among their clientele—repeat offenders who are arrested frequently. On a positive note, they do handle cases in which offenders are able to turn their lives around and become productive members of society.
Bondsmen work highly irregular hours. They may need to accept potential clients’ calls on holidays, weekends and in the middle of the night. For greater scheduling flexibility, many bondsman join a bail bond agency or partner with other independent professionals to rotate on-call days. Many also work part time as bondsmen while maintaining full-time employment in another field.

Bail Facts: Getting Out Of Jail After an Arrest

What you need to know about bail (what it is, how it's set, and how to pay it.):
A person's first thought upon landing in jail is often how to get out -- and fast. The usual way to do this to "post bail." Bail is cash or a cash equivalent that an arrested person gives to a court to ensure that he will appear in court when ordered to do so. If the defendant appears in court at the proper time, the court refunds the bail. But if the defendant doesn't show up, the court keeps the bail and issues a warrant for the defendant's arrest.
How Bail Is Set:
Judges are responsible for setting bail. Because many people want to get out of jail immediately (instead of waiting up to five days to see a judge), most jails have standard bail schedules that specify bail amounts for common crimes. An arrested person can get out of jail quickly by paying the amount set forth in the bail schedule.
The Eighth Amendment to the U. S. Constitution requires that bail not be excessive. This means that bail should not be used to raise money for the government or to punish a person for being suspected of committing a crime. Remember: The purpose of bail is to give an arrested person her freedom until she is convicted of a crime, and the amount of bail must be no more than is reasonably necessary to keep her from fleeing before a case is over.
So much for theory. In fact, many judges set an impossibly high bail in particular types of cases (such as those involving drug sales or rape) to keep a suspect in jail until the trial is over. Although bail set for this purpose -- called preventative detention -- is thought by many to violate the Constitution, courts have uniformly rejected this argument (the issue has never been decided by the U.S. Supreme Court, the ultimate arbiter of what is and is not constitutional).
If a person can't afford the amount of bail on the bail schedule, he or she can ask a judge to lower it. Depending on the state, this request must be made either in a special bail setting hearing or when the person appears in court for the first time (usually called the arraignment).
Paying Bail:
Bail can take any of the following forms:
cash or check for the full amount of the bail
property worth the full amount of the bail a bond (that is, a guaranteed payment of the full bail amount), or
a waiver of payment on the condition that the defendant appear in court at the required time (commonly called "release on one's own recognizance").
A bail bond is like a check held in reserve: It represents the person's promise that he or she will appear in court when required to. The bail bond is purchased by payment of a nonrefundable premium (usually about 10% of the face amount of the bond).
Getting Out of Jail Free:
Sometimes people are released "on their own recognizance," or "O.R." A defendant released O.R. must simply sign a promise to show up in court. He doesn't have to post bail.  A defendant commonly requests release on his own recognizance at his first court appearance. If the judge denies the request, he then asks for low bail.  In general, defendants who are released O.R. have strong ties to a community, making them unlikely to flee. Factors that may convince a judge to grant an O.R. release include the following:
•The defendant has family members (most likely parents, a spouse or children) living in the community.
•The defendant has resided in the community for many years.
•The defendant has a job.
•The defendant has little or no past criminal record, or any previous criminal problems were minor and occurred many years earlier.
•The defendant has been charged with previous crimes and has always appeared as required.


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