A bond issued by a bail bondsman is a type of insurance policy with the court as the beneficiary of that policy. The person that obtains the bond from the bail bondsman pays a premium for that bond. The premium is normally a certain percentage of the face amount of the bond. If the defendant does not appear at subsequent court proceedings, then the bondsman may lose the entire bond amount to the court. However, there are some steps the agent may undertake to ensure that some or most capital is not lost. Further, though the Eighth Amendment provides that excessive bail shall not be required, it is a rather loose standard. The amount of bail that will be set by the court is of subjective matter.
Frequently Asked Questions
Can I get my bail money back? – Yes. Normally, you can get your bail money back whether or not you have been convicted or acquitted. However, this only applies if you have paid for the entire bail and did not use a bail bond. If you did use a bail bond, then the 10 percent premium that you were charged belongs to the bail bonds agency for their services, not you.
Why should I get a bail bond if I have the money readily available? – Deciding to use the cash you have to pay for the total bail amount may be a good choice for you. This depends entirely on your circumstance. Depending on the severity of the alleged crime, you bail amount may be set higher than expected, and paying for the entire bail out of pocket may be an unnecessary burden. In this it makes sense to take out a bond so you can use your money for your other immediate needs.
Do I have to use a bail bondsman? – No, anyone can bail you out of jail: a loved one, a family member, or a friend. Basically, whoever has enough capital to bail you out of jail, can post your bond.
Is there any way I can get the 10% back from the bail bond agency? – No. This is a service fee also know as a premium that agents charge for their services. It allows Bail Bondsmen to stay in business. Further, a bail agent takes on a lot of risk and have to do a lot of work to ensure the accused party his or her freedom, so it cannot be refunded.
What is a Bail Recovery Agent? – A bail recovery agent is a bounty hunter. If the accused party does not show up to court, the Bail Recovery Agent is legally allowed to track down the accused person. Once the accused individual is tracked down, the agent ensures that the accused individual shows up to the remaining court proceedings.