IMPORTANT: If you need to arrange bail now, then read our simple step-by-step guide immediately. For obvious reasons, try not to leave someone in jail any longer than is necessary.
How do bail bonds work?
One of the most common questions I get is how does bail work? A bail bond is a surety pledge of money or property as bail that will guarantee a defendant will appear in court. This is usually done through a bail bond agent (or bondsman) who in most cases, must be licensed. If the defendant does not appear in court, the bail bond agent forfeits the money. We have also heard of it referred to as bailsbond, bell bonds and jail bonds but those are inaccurate spellings or words.
Bail bond agents are in the business of helping their customers gain release and often in only a few hours. They usually have a relationship with the local court which allows for a quick result.
While the typical fee is 10-15% of the total amount of the bail, some jurisdictions have varying requirements as to how much a bondsman can charge for providing bail bonds. Las Vegas for example, the fee is set at 15% by the State of Nevada’s Division of Insurance.
How does bail work for local or state bail bonds?
First of all, regarding how do bail bonds work, it is important to remember that a bail bond has nothing to do with the person’s innocence or guilt. It is just a guarantee that this person will appear at all future court dates. Nothing more.
To obtain a bail bond, you have two options.
The first is cash bail. You pay the entire bail amount up front and when the person has finished all their court obligations, you will get the money back, less any fees and other costs. Because the rules for this vary greatly by jurisdiction, you should check with the clerk to verify forms of payment accepted and what other options or restrictions are involved. There are some bail bond agents who will help you navigate this for a flat fee. WARNING: there are serious consequences if the defendant misses any court dates. Your bail money may be forfeited, your collateral may be taken, the defendant’s information is entered into the NCIC nationwide fugitive database, and when the defendant is caught, they will no longer be eligible for bail.
The second option is to go through a bail bondsman. The bondsman may, or may not require collateral, depending on the amount needed and the history of the person needing the bail. They will post bail, and charge you a fee for the service. TIP: I asked a bondsman what was the one thing someone should always ask for if they are strapped for cash. His reply was that sometimes financing is available, often with ZERO interest, so always be sure to ask about it. WARNING: should the person who was bailed not show up for a court appearance, then a warrant will be issued and the bail bonds company may keep your collateral, and in some cases secure a bounty hunter.
How does bail work for federal bail bonds?
Federal bail bonds are different than the typical local or state bail bond.
-They require more work for the bondsman so the fees are usually higher, often 15% compared to the usual 10%.
-They are posted for criminal cases in a U.S. District Court House.
-Most federal courts add a bail sufficiency requirement to the bond, which may be referred to as a Nebbia, Nebia Hearing, bail source Hearing or 1275 bail sufficiency hearing. The purpose of this hearing is to provide proof to the government prosecutors that the collateral used for the bond is from legitimate and legal sources.
A good bail bondsman will attend the Nebia hearing, help with the motion for the Nebia hearing, present the Nebia Proffer to the judge, and provide testimony regarding the origin of the premium and the collateral used for the bond.
This of course, will be different for probate bail bonds as welll depending on the state.
IMPORTANT: being arrested and requiring bail is a serious issue and the rules differ in different jurisdictions. I recommend contacting a bail bondsman by email for further questions. Because of the nature of their business, they are usually quick to respond and are usually helpful. Their email and phone numbers are always clearly listed on their websites.