A bail bond is a contract between the bail agent, the court system and the person posting or signing for the bail (co-signer). It serves as a financial guarantee to the courts that a defendant will appear at every required court appearance.
Bail exists because it can take weeks or months for a case to be settled. Being released on bail allows defendants, who are possibly innocent, to remain free and go about their day to day business while waiting for their case to be settled. Not everyone who is arrested or detained is allowed to post bail.
If the court does allow a defendant to post bail, the two most common options to get someone released are with cash bonds or by using the services of a bail bond agent.
Cash bonds require the full amount of the bail to be paid to the court in cash, cashier’s check or money order. If bail is set at $5,000 then $5,000 must be paid to the court. In this case, some or all of the money may be returned to the defendant when the case has been resolved to the court’s satisfaction. If you don’t have access to the full bail amount contacting a bail bond agent is a more affordable option.
A bail bond agent will charge you a percentage of the total bail amount. This percentage is known as the premium, which is non-refundable and non-negotiable. Premium percentages are typically 10% of the total bail but can vary by state. With a 10% premium on a $5,000 bail you would pay $500 to get someone released from custody.
To use the services of a bail bond agent, you need to be able to pay the premium and you may need to have collateral to secure the bond.
If you use the services of a bail bond agent, it is the responsibility of that agent, as well as yours as the co-signer to make sure the defendant shows up for all court appearances.
For those with an immediate need to post a bail bond for a friend or loved one, you can reach an agent 24 hours per day, 7 days per week by calling 1-800-Libertad. We have bilingual agents who can assist you with both Criminal Bail Bonds as well as Immigration Bonds.