If there are limited beds in a jail in a particular community, the court may use a signature bond for many lesser crimes. Defendants are released from jail and sign a document swearing they will return to court when required.
Bail bond laws differ by whether the crime is at the state or federal level—states maintain their own bail bond system. It is the judge, however, who sets bail amounts, which typically depend on whether the defendant presents a danger to society or is likely to flee.
When a security is taken out for bail, a bondsman will often require a ten percent cash payment as well as the mortgage on a person’s home that would add up to equal the full amount of the bail money owed.
Illegal aliens who are arrested can qualify for bond. All proceedings are handled in federal court by the Department of Homeland Security or the Bureau of Immigration and Customs Enforcement. The percentage the defendant pays is usually 15 percent to 20 percent of the total bail amount.
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.
In many cases, trials can begin weeks or even months after an initial arrest. This is why the bail system is so important, as otherwise, many people (even if they were innocent) would have to wait in jail until their trial began.
