Bail bonds allow an accused person to be released from jail before trial, with a financial payment that is guaranteed. If the accused does not appear in court, the money will be forfeited. The court may not offer bail if the accused is a flight risk or poses a threat to the community. A third party, such as a bail bondsman, can enter into a court bond on behalf of the accused. The judge sets the bail amount, and if a guarantor is hired, they will require a fee based on a percentage of the court’s overall bail.
A bail bond is a promise by someone who has been charged with a crime that he or she will appear in court if released. Often, the bond is made with a financial payment that is guaranteed; if the accused does not appear in court, the money will be forfeited. In other cases, the accused can be released “on his own acknowledgment”, without the need to send money to support the pledge.
The court does not always offer bail as an option. If the accused is believed to be a flight risk or poses a threat to the safety of the community, he or she will be detained pending trial. In some cases, the concerns are just the opposite, and the court fears that an accused could be in danger if he is released and therefore the accused is held in jail for safety.
When people are asked to pay money to back up their promise that they will return to court, they often cannot pay the amount themselves. They can turn to a guarantor, a third party who enters into a court bond on behalf of the accused. The bail bondsman promises that if the accused does not return for the trial, the bail bondsman will pay the court. Sureties can accept assets or money as a deposit from the accused, and if the accused tries to flee the court, the surety will try very hard to track down the accused and recover money paid to the court.
The judge sets the bail amount, if money is needed. In some regions, there are limits designed to prevent the court from setting totally unreasonable amounts. The judge considers the nature of the crime and what is known about the accused. Sometimes the amount can be a token that can be easily paid out of pocket, and in other cases it is very high and designed as an incentive to ensure that the accused returns to court.
If someone can post their own bond, the money will be refunded by the court when the accused returns for trial. However, if a guarantor is hired to cover the bail, the guarantor will require a fee for the service. The fee amount is usually based on a percentage of the court’s overall bail.
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