Visit our professional site », Created by FindLaw's team of legal writers and editors A bail bond is an insurance product that guarantees the appearance of a defendant in court. Contact an Experienced Attorney Today. [citation needed], Agent that secures an individual's release in court. The bail agent is responsible for bond payment in the event a defendant fails to appear and can't be located. Should any of a bondsman's clients fail to appear at trial, the court will be paid with the bond. 2750 BC describe surety bail bond agreements made in the Akkadian city of Eshnunna, located in modern-day Iraq. [citation needed] Organizations that represent the legal profession, including the American Bar Association and the National District Attorneys Association, oppose the practice of bond dealing, claiming that it discriminates against poor and middle-class defendants while doing nothing for public safety. They post bail on behalf of defendants, and make a profit by charging defendant’s a non-refundable fee, which is usually 10% of the total bond. Typically, bail bondsmen have arrangements with local courts, under which they agree to post a blanket bond. This is because a bail bondsman will not find it profitable to work on matters where the percentage of profit would yield $10 or $20. Illinois, Kentucky, Oregon, and Wisconsin have outlawed the practice of posting bond for profit. All rights reserved. [citation needed] While not outright illegal, the practice of bail bond services has effectively ended in Massachusetts as of 2014. [15], If the defendant fails to appear in court, the bond agent is allowed by law or contractual arrangement to bring the defendant to the jurisdiction of the court in order to recover the money paid out under the bond, usually through the use of a bounty-hunter. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Some other jurisdictions, such as Maine and Nebraska, allow commercial bail on a limited basis. Bail bondsmen provide the funds necessary to release a criminal offender prior to their trial; this is usually secured by property collateral or a co-signer. [35], In addition to the use of bail bonds, a defendant may be released under other terms. [7] In the state of California, bail bond agreements[vague] must be verified and certified by the California Department of Insurance. Contact a qualified criminal lawyer to make sure your rights are protected. [25] All violations of the aforementioned constitute felony violations via California Insurance Code 1814[26] - including administrative regulatory codes such as record keeping, how solicitations are conducted, collateral and treatment of arrestees. "Moving Beyond Money: A Primer on Bail Reform", "Pretrial Release of Felony Defendants in State Courts", "Bail bondsmen are a thing of the past in Massachusetts", "Bail Reformers Aren't Waiting for Bail Reform", "Can Bail Bond Dealers Reduce Discrimination? [8] The practice of commercial bail bonds is unlawful in the states of Illinois, Kentucky, Oregon, and Wisconsin. [30][31][32][33] One of the most prominent cases, in Louisiana, involved bribery of judges by a bail bonding agency. [14], In some states, such as Florida, bondsmen are responsible for paying the forfeitures, and if they fail to pay the full amount, they are forbidden to write further bonds in the state. [12] This fee is not refundable and represents the bond agent's compensation for services rendered. Bail Burden Keeps U.S. Jails Stuffed with Inmates. Microsoft Edge. The defendant pays the agent for writing the bond. Learn more below. In extreme cases, a bail bondsperson may place a guard on the defendant. Typically, bail bondsmen have arrangements with local courts, under which they agree to post a blanket bond. [2] Charitable bail funds have sprung up to combat the issue of discrimination, using donations to cover the bail amount for the arrested person.