What Happens After Bail Bonds Are Posted

When someone is arrested for possibly breaking the law (all suspects are innocent until proven guilty), a bail is set. Bail is a designated amount of money set by the court that, when paid, means that the suspect can be released back into society until their pretrial court date.

While an excessive bail amount is prohibited by the 8th Amendment, the actual amount of the bail may differ between individuals suspected of the same crime. At a bail hearing, the judge sets the amount after taking into consideration several factors regarding each individual suspect.

The amount of the bail set will depend upon:

• The suspect’s criminal history and whether or not this is their first run-in with the lawrn• The chance (likelihood) the suspect will skip town or even the countryrn• The possibility of the suspect being a danger to themselves, the general public or their familyrn• Their employment historyrn• And, of course, the nature and severity of the crime to which they are a suspect.

In some instances – like when a crime is publishable by the death penalty – the judge will not set a bond and the suspect must stay in jail until their court date.

If the amount of bail is more than what the suspect can afford to pay, they have two choices: call a bail bondsman or sit in jail and wait for the trial. For a fee, a bond agent pays and posts a bail bond for the suspect. Usually, the fee charged is 10% of whatever the total bail bonds are and that fee is paid immediately to the bondsman.

So, if the bail is $5,000, the bond agent gets $500 and then, on your behalf, guarantees the rest of the money to the court if you fail to show up on your court date or flee. Because the bail bondsman is taking a big financial risk in agreeing to be held liable for the amount you might owe the court, the bondsman will want some sort of collateral (the mortgage on your home, the title on your motor vehicle, a valuable piece of jewelry, etc.) to cover the amount of the bond should you choose not to show up for court.

Whether or not your show up for your court appearances and are found guilty or not, the bail bondsman keeps the 10% you paid them when you first hired them to get out of jail.