How Bail Works
Posting of a bail bond. This process involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. The bail agent guarantees to the court that the defendant will appear in court each and every time the Judge requires them to.For this service, the defendant is charged a percentage of the bail amount. Before being released the a relative or friend of the defendant, typically contacts a bail agent to arrange for the posting of bail. This person is called the indemnitor or co-signer. Prior to the posting of a bail bond, the indemnitor or co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court.
Typically, a family member or a close friend of the defendant will post bail and cosign. Collateral is not always required for a person to be bailed from jail. Often a person can be bailed from jail on the signatures of friends or family members. Cosigners typically need to be working and either own or rent a home in the same area for some time.
After an agreement is reached, the bail agent posts a bond for the amount of the bail, to guarantee the defendant’s return to court.
If the defendant fails to appear for court or "skips", the cosigner is immediately responsible for the full amount of the bail. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.
What is the Percentage Charged For a Bail Bond?
In New York State the percentages are set by the Department of Insurance. They are as follows:
10% on bonds up to $3,000; 8% on the amount over $3,000 and up to $10,000; and 6% on the amounts above $10,000. For example, a $2000 bail bond would cost $200; a $5,000. bail bond would cost $460; and a $10,000 bail bond would cost $860.
Most other states are a straight 10%.
Are There Any Other Fees?
In New York State, the only other fee that can be charged is a filing fee for liens on collateral. This is the amount that is set by the local County Clerks Office, plus the amount required by an Attorney to do the filing. The Bail Bond Agent may not charge mileage, or tack on "service charges"
However, this may vary from state to state.
Is Collateral Required?
This will vary from different Bail Agencies. Often small bonds can be done without collateral by having several co-signers that are employed and live in the local area sign a guarantee that they will be responsible for the full amount of the bail and any legal fees incurred by the Bail Bond Agent, if the defendant fails to appear for court or jumps bail.
At Doug Moss Bail Bonds our policies are as follows:
On bail bonds up to $2500. we will often write a bond on the signatures of three co-signers who all are employed, and have been employed at the same job for at least one year and live in the immediate area. Each co-signer must fill out a Bail Application and consent to and sign a Confession of Judgment. In some cases collateral is required on any amount of bond.
On all bail bonds in excess of $2500 collateral is required. We accept collateral in the forms of: real property, cash, certificates of deposit, bank accounts, stocks, treasury notes, and sometimes jewelry. Vehicles, boats, motorcycles, etc. will sometimes be accepted, but, the title must be signed over to the company and we may require the item be placed in our approved storage at the cost of the indemnitor, until the bail bond is discharged by the court.
How Long Does it Take to Get a Person Out of Jail on a Bail Bond?
The paperwork will take about a half an hour or so, then the Judge that set the bond must be presented with the paperwork to review and sign the release form, then we're off to the jail to get the defendant released. It will usually take an hour or two, but can take up to a full day, and even two days on a weekend.
What if the Defendant Fails to Show up for Court?
A bench warrant will be issued by the court and the indemnitor or cosigners are liable for the full amount of the bail bond plus any legal expenses incurred by the Bail Bond Agent.
When is the Bond Released?
The court will exonerate or release the bond when one of these things happen: The case is dismissed, the charges are dropped, the defendant is sentenced or returned to custody.
After the bond is exonerated and the Bail Bond Agent receives a Certificate of Discharge from the court and the indemnitor or cosigners are released from their liability on the bond. At this time, any collateral securing the bond will be returned. It sometimes takes the court up to a couple of weeks to issue the Certificate of Discharge to the Bail Bond Agent.
Do I Get My Money Back?
No, the premium that you paid to the Bail Bond Agent is not refundable.
If you paid cash bail at the jail or court to get the defendant released, in New York State you will get back the amount you paid minus 3% that goes to the court. The court can hold back the amount of any fines due and apply that money to the fines. (That means the person who posted cash bail could end up paying the defendants fines. That does not happen when a Bail Bond is used.) It also can take up to 6 or 8 weeks to receive bond money back from the court.
*This gives some insight as to how Bail Bonds work in New York State and at Doug Moss Bail Bonds. Things such as collateral requirements, payment plans (if any), the time it takes to get a defendant released, etc. may, and probably will, vary from Agency to Agency. The same State Laws apply to all Agents in NYS. Other States have different sets of laws, regulations and requirements. Be sure to consult a Bail Bond Agent in your State and local area before you make any decision to post Bond for a friend or relative.*
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