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Do I Need a Bail Bondsman? Pros and Cons
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Do I Need a Bail Bondsman? Pros and Cons
Getting arrested can be a scary and overwhelming experience. You may be faced with having to post bail in order to be released before your trial. This is where a bail bondsman may come in handy—but are they always necessary? Here we’ll look at some of the key pros and cons of using a bail bondsman to help you decide if it’s the right choice for your situation.
What is a Bail Bondsman?
A bail bondsman, also sometimes called a bond agent, is a person or company that will post bail on your behalf in exchange for a fee. Typically the fee is about 10% of the total bail amount. Bail bondsmen are licensed and regulated in most states. They often have relationships with the courts and jails to help expedite the bail posting process.
Pros of Using a Bail Bondsman
They Can Post Bail Quickly
One of the biggest advantages of using a bail bondsman is that they can often post bail very quickly, sometimes within hours. This gets you or your loved one out of jail faster. The bondsman will usually start the paperwork and post the bond as soon as you pay their fee and sign the bail contract.
Allows You to Pay Just a Portion of the Full Bail Amount
Instead of coming up with the full bail amount, you only have to pay the bondsman’s fee, which is usually around 10% of the total bail. For example, if your bail is set at $20,000, you would only owe the bondsman $2,000. This makes bail a lot more affordable upfront for most people.
No Collateral Required
Bondsmen typically don’t require you to put up any collateral or assets to secure the bond. The bail contract itself serves as the collateral. All you need to pay is their fee.
Can Offer Payment Plans
Many bail bonds companies understand that even their 10% fee may be difficult for some clients to pay all at once. They may offer payment plans that allow you to pay over time. Just be sure to get all payment terms in writing.
May Offer Discounts for Low-Risk Clients
Some bail bondsmen offer discounts for clients they deem as low flight risks. For example, they may charge only 8% for clients who have lived a long time in the area, have stable employment, and no prior missed court dates. Ask if you may qualify for any discounts.
Handle the Paperwork for You
Bondsmen are very familiar with the bail system and court processes. They know what paperwork needs to be completed and filed. The bondsman handles all of this for you so you don’t have to learn the system yourself.
Can Advise You on Next Steps
A knowledgeable bondsman will explain your options and obligations now that you are out on bail. They can advise you on next steps, like when you must appear in court, keeping them updated if you move, and not engaging in illegal activity before your court date.
Cons of Using a Bail Bondsman
You Must Pay the Bondsman’s Fee
While it’s less than the full bail amount, the bondsman’s fee is not refundable even if the charges are eventually dropped or you are found not guilty. You will be out that 10% of the bail money you paid them.
Not Available in All States
Commercial bail bonding is legal in only about half of U.S. states. In states like Oregon, Wisconsin, and Illinois, bail bondsmen are illegal or very limited. Be sure to look into your state’s laws.
Potential for Very High Fees
If your set bail amount is very high, like $100,000, you would have to pay the bondsman $10,000. While that saves you paying the full bail, $10,000 may still be out of reach for many defendants.
Must Give Up Certain Rights
When you enter a bail contract with a bondsman, you give them certain rights, like allowing them to apprehend and detain you if you miss a court date. They can even arrest you themselves in some states. You also waive privacy rights that allow them to monitor you until the bail period ends.
Scams Do Happen
Like in any industry, there are some predatory bail bonds companies that scam and take advantage of desperate defendants and their families. Be sure to research reviews and complaints before choosing a bail bonds provider.
Not Available for Very Serious Crimes
For defendants accused of very serious felonies like murder, most states prohibit commercial bail bondsmen from posting bail. The judge will decide bail based on factors like flight risk.
Must Provide Lots of Personal Information
Bondsmen need to research your background, residence, employment, finances, and criminal history to assess if you are likely to flee before trial. Be prepared to provide lots of personal information.
Bondsman Can Revoke Bond
If the bondsman decides you are too much of a flight risk, they can revoke your bond at any time, sending you back to jail. Reasons they may revoke include missing a court date, getting rearrested, or leaving the area without permission.
When Might You Not Need a Bondsman?
While bail bondsmen serve a useful purpose, there are some situations where you may not need to use one:
- If you can afford to pay the full bail amount yourself, you can get it all refunded once the trial is complete.
- For low bail amounts, like $500, you may be able to pay this yourself or have a family member help.
- If you have significant assets, you may be able to put up property as collateral for the bond instead.
- For minor offenses where you expect bail to be low, you may be released on your own recognizance without needing to post any bail.
- If you are employed and have strong ties to the community, the judge may agree to a lower affordable bail option like a cash bond or unsecured bond.
Questions to Ask a Prospective Bondsman
If you do decide to use a bail bondsman, be sure to interview them thoroughly first. Here are some key questions to ask:
- What is your fee – is it a flat 10%? Do you offer any discounts?
- Do you offer financing or payment plans?
- How quickly can you post the bond and get someone released?
- What are your policies if someone misses a court date?
- What kind of monitoring or supervision do you provide while out on bond?
- Can you explain the bail contract terms and conditions?
- What happens if the charges are dropped or the defendant is found not guilty?
- Who will be the primary contact person handling this bond?
- What happens if I can’t make a payment on time?
Taking the time to ask questions and understand the bail bond process can help ensure it goes smoothly. Be wary of any bondsman who seems shady or won’t take the time to thoroughly explain everything.
The Bottom Line
Bail bondsmen provide a useful service, but they come with some drawbacks and risks as well. Take time to carefully consider all your options. If you’ve been accused of a crime and had bail set, consult with a criminal defense lawyer for advice specific to your situation. An experienced attorney can help advise you on the best path forward.
Posting bail through a bondsman is just one option. Depending on the charges and your financial situation, paying the bail yourself, seeking a bail reduction, using property as collateral, or waiting in jail for your trial may be better choices. Weigh the pros and cons carefully for your own circumstances.
Getting arrested is stressful enough without having to navigate the bail system. With some knowledge and expert help, you can hopefully move forward and focus on building your legal defense. Don’t be afraid to ask questions and explore all your options when it comes to posting bail.
References
The following sources were used in researching this article:
Pretrial Release and Detention in Federal and State Courts, 1990-2004 (BJS)