Bail Bonds come with a history extending to four hundred years. It was a practice originated during the seventeenth century England. Presently, Bail Bonding has a significant involvement in the society in general and in the field of criminal justice in particular in U.S.A. Moreover, many people choose the profession of being Bail Bondsman for a robust career.
In this article, we attempt to present a conceptual understanding of these two terms, bail bond and bail bondsman.
The document referred to as bail bond is a written guarantee that a defendant will continue to attend all ensuing court proceedings. The court sets the bail high or low, based on the trustworthiness, type of charges, how dangerous the accused person is and other factors. It is necessary because of the long-drawn-out legal proceedings and also the long time interval between the arraignment after the arrest and the actual beginning of the formal trial. The stiff amount, in a way, is an imposed financial incentive on the accused to return to the court voluntarily for the trial. The bail amount, the judge set could be a small amount for a first time, non-serious crime while it could be as high as US$500,000 for a person facing murder charges.
The amount is too high for many persons who face legal proceedings and their families. Hence their only recourse is to approach professional called bail bondsman or simply bondsman to arrange for the bond. The bail bondsman pays the court a large bond covering many clients. Each client is charged with one tenth of his/her bail figure as a cash guarantee. The main advantage of the client is that he can avoid spending the pre-trial period in an unpleasant cell. These cash bonds are called bail bonds and they are usually non-refundable if acquired through bail bondsman.
For the posting of a bail bond which is a contractual undertaking, two parties are involved. They are the bail bondsman and an individual who is a relative or a known person to the defendant, cosigning and posting bail (indemnitor) through which the bail bondsman assures the court that the defendant will appear in court as per the court directives.
There are four types of bonds; they are cash only, secured, unsecured and signature or Own Recognizance (OR).
In many areas of the United States, bail bonds can be available on 24 hours a day, 7 days a week basis. If bail bondsmen are not in their offices, they stay available ‘on call’ basis. The bail bond to release the jailed persons is a concept prevails mostly in U.S. A number of people however, ‘disappear after posting the bail bonds. Because of this trend, bail bondsmen hire certain private individuals who belong to a unique profession called bounty hunters. The latter track down and get back such clients who miss the court proceedings.
Because of its certain inherent drawbacks many states have decided to ban the bail bonds system. Many more may also follow suit in the future.