A criminal defendant often pays 10 percent of the bond amount to a bail bond company. The company has an arrangement with the court and guarantees the appearance of the defendant. The defendant, who enters into a bail bond arrangement, is motivated to show up in court to be repaid his or her bail money.
The right to reasonable bail was established with the US Constitution in 1789, but it took a while for the bail bond industry to get going. The first modern bail bond business was established in San Francisco in 1898 by Peter and Tom McDonough.
A good way to look at a bail bond agency is as a service provider. In exchange for a service fee (such as 10 percent of the bail amount), they will accept responsibility for the defendant and arrange for the court to release them until the trial.
A study published in the "Journal of Law and Economics" concluded that defendants released on bond are less likely to miss a trial or court appearance. The study pointed to the beneficial effects bounty hunters play in making sure defendants show up in court.
To cover the cost of bail, a bail bondsman will take out a security against a defendant‘s assets. If the defendant doesn’t have enough assets, the bail bondsman may take out security against individuals who are willing to help like family and friends.
Did you know that the Bail Reform Act of 1966 contained a loophole that allowed many dangerous suspects to be released on bail? The 1984 Bail Reform Act amended this distinction to state that defendants could now be held until trial if they were deemed dangerous. It also established new categories of bail, and said that those who were eligible for bail had to first have a bail hearing.
For the repayment of your bail, you must meet all of the terms of your bail bond: i.e., show up to all of your court dates, pay all penalties and fees, come up with collateral, and so on. Then you as the "arrestee" can expect your bail payment to be transferred to your bail bonds company or institution.
You’ve worked hard to get the career, family, and everything else you have, and just because charges are brought against you doesn’t mean you have to put that life on hold. A bail bond can help get you out to keep living your life.
While bail bond agencies don’t want to lose money (no business does), they do look at the situation before agreeing to the bond. For example, if the defendant has a family he or she needs to provide for, this can make a big difference in his or her decision.
Did you know that the right for an accused to have a reasonable bail is guaranteed in the Bill of Rights? The 8th Amendment to the Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”