Posting bail
Encyclopedia
Posting bail means for a criminal defendant (or a cosigner) to pay bail
.
Once a defendant is arrested, if he is not released on citation ("cited out") or released on recognizance (ROR), he is taken to a holding jail where he is processed by the holding authority (state, county or federal). At this point he is given a chance to make a phone call (most jails only allow one). At this point the defendant may contact someone to try to arrange to post bail.
, the defendant (or his cosignor) enters into a contract with an insurance company. A bail agent (or bondsman
in some states) guarantees that the defendant will show up for his court dates. The bail agent backs up this promise with his own assets, or works with an insurance company that has the assets. The defendant is charged a percentage of the bond, a "premium" (generally 10 percent of the total bond).
First, the bail agent interviews the defendant or his cosignor. If a bondsman does not wish to write the bond because of risk of flight or other reasons, the friend or family member will need to call other bond agencies to try to get someone to write the bond. After gathering information including the defendant’s full name and social security number, the bondsman then contracts with the cosignor to pay the premium and guarantee that she will pay the entire bond or any expenses incurred by the bail agent should the defendant skip bail. This contract guarantees that the defendant will appear at all scheduled hearings and trials. If the defendant skips bail and cannot be apprehended, the bond is forfeited and the bondsman will attempt to collect the full amount of the bail bond from the cosigner.
The bondsman then goes to the holding facility to post bail, and have the holding authority complete the bond paperwork. Once signed off on, the defendant is released into the bondsman’s custody. The bondsman will then submit the completed paperwork to the surety company.
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
.
Once a defendant is arrested, if he is not released on citation ("cited out") or released on recognizance (ROR), he is taken to a holding jail where he is processed by the holding authority (state, county or federal). At this point he is given a chance to make a phone call (most jails only allow one). At this point the defendant may contact someone to try to arrange to post bail.
Surety bond
Through a surety bondSurety bond
A surety bond is a promise to pay one party a certain amount if a second party fails to meet some obligation, such as fulfilling the terms of a contract...
, the defendant (or his cosignor) enters into a contract with an insurance company. A bail agent (or bondsman
Bondsman
Bondsman may refer to:* A bail bondsman.* A bondservant. See indentured servant....
in some states) guarantees that the defendant will show up for his court dates. The bail agent backs up this promise with his own assets, or works with an insurance company that has the assets. The defendant is charged a percentage of the bond, a "premium" (generally 10 percent of the total bond).
First, the bail agent interviews the defendant or his cosignor. If a bondsman does not wish to write the bond because of risk of flight or other reasons, the friend or family member will need to call other bond agencies to try to get someone to write the bond. After gathering information including the defendant’s full name and social security number, the bondsman then contracts with the cosignor to pay the premium and guarantee that she will pay the entire bond or any expenses incurred by the bail agent should the defendant skip bail. This contract guarantees that the defendant will appear at all scheduled hearings and trials. If the defendant skips bail and cannot be apprehended, the bond is forfeited and the bondsman will attempt to collect the full amount of the bail bond from the cosigner.
The bondsman then goes to the holding facility to post bail, and have the holding authority complete the bond paperwork. Once signed off on, the defendant is released into the bondsman’s custody. The bondsman will then submit the completed paperwork to the surety company.