When someone is arrested and charged with a crime, one of the first concerns is how to get them out of jail while they await trial. In many cases, this involves posting bail, a set amount of money the court requires to ensure the defendant returns for future court dates. But not everyone can afford to pay the full bail upfront and that’s where surety bonds come in. Ajua Bail Bonds will break down what a surety bond is, how it works in the context of bail, and what you need to know if you’re considering this option.
What is a Surety Bond?
A surety bond is a three-party agreement between:
• The Principal: The person who needs the bond, such as the defendant.
• The Obligee: The party requiring the bond, usually the court.
• The Surety: The third-party company, often a bail bond agency that guarantees the bond.
Essentially, a surety bond is a way to guarantee that someone will fulfill an obligation whether that’s showing up to court, completing a contract, or following the rules of release. When it comes to the criminal justice system, when someone says they “got out on bond,” they are often referring to a bail bond, which is a type of surety bond.
How Do Surety Bonds Work for Bail?
Here’s how the process typically works.
• Bail Is Set: After an arrest, the court sets a bail amount. This can vary widely depending on the severity of the charges, the defendant’s criminal history, and flight risk.
• You Contact a Bail Bond Agent: If the bail is too high to pay in full, you can contact a licensed bail bondsman. The bail bondsman will usually charge a non-refundable fee, typically 10% of the bail amount to post the full bail on your behalf.
• The Surety Bond Is Issued: The bail bond agency issues a surety bond to the court, promising that the defendant will show up for their scheduled court appearances.
• Defendant Is Released from Jail: Once the bond is accepted by the court, the defendant is released.
• Court Compliance: If the defendant shows up to all court dates, the bond is discharged at the end of the case. If the defendant fails to appear, the bond is forfeited, and the bail agency becomes responsible for the full bail amount and may pursue the defendant or their co-signer for repayment.
Who Pays for a Surety Bail Bond?
The indemnitor or co-signer, often a family member or friend, is responsible for paying the bail bond fee. They may also need to provide collateral such as a car title, property deed, or other assets to secure the bond. This is especially true if the bail amount is large or if the defendant is considered a flight risk.
Bail Bond Services in Clovis, Reedley, Sanger, Selma, Atwater, Los Banos, Merced, Visalia, Porterville, Tulare, Hanford, Corcoran, Lemoore & Greater Fresno, CA
Surety bonds are a vital tool for people who can’t afford to pay full bail out of pocket. By working with a bail bond agency, you can secure the release of a loved one without bearing the full financial burden yourself. However, it’s important to understand your responsibilities both legal and financial before entering into a surety bond agreement. If you find yourself in need of a bail bond, consult a reputable and licensed bail bond agent to walk you through the process and protect your interests every step of the way. If you need bail bond service, contact Ajua Bail Bonds today.