A bail bond is an agreement by a criminal defendant to appear for trial or pay a sum of money set by the court. Bail bonds are co-signed by a bail bond agent, who charges the defendant a fee in return for guaranteeing the payment.
Key Takeaways
- A bail bond co-signed by a bail bond agent is posted by a defendant in lieu of full payment of the bail set by the court.
- The bail bond serves as surety that the defendant will appear for trial.
- Judges typically have wide latitude in setting bail amounts.
- Bail bond agents generally charge 10% of the bail amount upfront in return for their service and may charge additional fees. Some states have put a cap of 8% on the amount charged.
- The bail system is widely viewed as discriminatory to low-income defendants.
Types of Bail Bonds
There are several different types of bail bonds, including but not limited to:
- Surety Bonds: Surety bonds are the most common type of bail bond and involve a bail bond agent or surety company providing a financial guarantee to the court that the defendant will appear for their scheduled court appearances. The bail bond agent or surety company acts as a third party that promises to cover the full bail amount if the defendant fails to appear.
- Cash Bonds: Cash bonds involve paying the full bail amount directly to the court in cash or via a certified check. This type of bond is straightforward: once the bail is paid, the defendant is released from custody until their court date. If the defendant meets all court requirements and attends all scheduled hearings, the full bail amount is typically refunded at the end of the case, minus any administrative fees imposed by the court.
- Property Bonds: Property bonds use real estate or other valuable property as collateral to secure the bail amount. The defendant or their representative pledges property such as a house, land, or vehicle to the court to cover the bail. If the defendant fails to appear in court, the court may foreclose on the property to recover the bail amount.
- Signature Bonds: Signature bonds are similar to citation bonds but require the defendant to sign a pledge to appear in court. No money or collateral is required upfront; instead, the defendant’s signature acts as a guarantee.
When Bail Bonds Are Non-Refundable
The situations below are meant to be vague, as everyone’s situation will be different. In general, there are some broad situations where bail bonds are not returned and could be considered non-refundable. Note that there may be exceptions to each of these situations. Broadly speaking, you may not get your bail bond back under these cases:
- Someone Pays Bail Bond Fee: When a bail bond is secured through a bail bond agent, the defendant or their representative usually pays a non-refundable fee. This could be something like 10% of the bond amount. This fee compensates the bail bond agent for their services and the financial risk they assume by guaranteeing the bail amount.
- Defendant Fails to Appear in Court: When the defendant fails to appear in court, it triggers the bail bond agent’s liability for the full bail amount. The bond agent may also pursue legal action to recover the amount from the defendant or their co-signers, and additional penalties or forfeiture of collateral may occur if the defendant’s absence leads to a breach of the bond agreement.
- Bond Conditions Violated: The conditions of the bail bond agreement are established to ensure the defendant complies with legal requirements and behaves appropriately while out on bail. If the defendant violates these conditions—such as by committing additional crimes, failing to adhere to travel restrictions, or engaging in prohibited activities—the bail bond agent’s risk increases. The violation of bond conditions can lead to forfeiture of the bond amount.
- Misrepresentation or Fraud: If the bail bond is obtained through misrepresentation or fraudulent information provided by the defendant or their representative, the bond agent may cancel the bond and pursue legal action to recover any losses. If there are refundable fees, those may be lost.
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