A bondsman is a person or company that will help you post bail if you don’t have enough money to pay the full amount upfront. This is a practice that has been used since 1898 in the United States. But, it is outlawed in many other countries. According to a Bureau of Justice Statistics report issued in 2007, data shows that more individuals show up for court when released on bail if a bail bondsman is used. The study found the no-show rate for those on bail bonds was 18%, versus 30% for those released on unsecured bonds. So, while commercial bail bonds may be controversial, they do have a purpose. Here’s what you need to know if you require their services.
How It Works
Bondsmen deposit a bond with the government on the defendant’s behalf. It is a bondsman’s responsibility to make sure that the defendant shows up in court. They may use a bounty hunter to make sure the defendant appears. If the defendant fails to appear in court, the bondsman will try to recover the bail amount. Usually, they have 180 days to do so.
How Much Do They Charge?
Bondsmen typically charge a non-refundable fee of 10%-20% of the bail amount. Some discounts may be available for veterans, military members, and union members. A smaller percentage may also be charged if the defendant has private counsel since they are more likely to show up in court.
On top of this, they will negotiate a down payment and payment plan. In some circumstances, they may require collateral for the bail bond. In Nevada for example, it is allowed that a house may be used as collateral and a deed of trust must be issued to the bail bondsman, essentially putting a lien on the property.
What Do You Need to Obtain a Bail Bond?
If you are working with bondsmen, there are several things you will need to obtain a bail bond. Typically, a co-signature from a family member is required. A bondsman may also ask for a bill with an address on it, photo ID, and check stubs. Types of payment can include checks, cash, or credit cards. Once a bail bond is secured, defendants can be released from jail within hours.
Exceptions
Some states have banned the use of bondsmen and instead use a cash deposit alternative. These states include Illinois, Oregon, Wisconsin, and Kentucky. The American Civil Liberties Union has criticized the practice of bail bonds as a form of injustice against low-income communities and fueling the mass incarceration of innocent people.
In addition to states that outlaw bondsmen, some states like California have very strict penal codes regarding bondsmen. The California Department of Insurance regulates the industry. Bondsmen and bounty hunters are not allowed to engage in any illegal activity when trying to bring a defendant in or recover a debt. For example, they can’t force entry into a defendant’s home. In many ways, the profession is not like what is often portrayed in the movies or television.
Do you have additional questions about bondsmen? Let us know in the comments.
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Teri Monroe started her career in communications working for local government and nonprofits. Today, she is a freelance finance and lifestyle writer and small business owner. In her spare time, she loves golfing with her husband, taking her dog Milo on long walks, and playing pickleball with friends.
