How Bail Works

Bail is nothing new, it has been around since the 1700's. The bail system was first used by the English. Most never have to deal with the process of posting a bail bond but if you do it is important to understand how bail works. 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 every time the judge requires the defendant to appear. Bail is undertaken through an intermediary called a "surety company" that gives the bail bondsman the financial backing.

For this service, the defendant is charged a percentage of the bail amount. In California the standard premium is 10 percent of the bail amount. Before being released the defendant or a relative or friend of the defendant, typically contacts a bail agent to arrange for the posting of bail. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. Being a co-singer, does open the co-signer to a financial obligation if the defendant decides to stop making his or her court appearances. Outcome of the court proceedings does not play a role in a bail bond. The only job of the defendant is to show up.

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. Collateral is determined by the seriousness of the charge and the amount of bail. Often a person can be bailed from jail on the signature of a friend or family member. Cosigners typically need to be or have good stability in either a job or have strong ties to a community.

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. When bail is posted at the jail, it sometimes takes anywhere from 3-6 hours to be released. This depends on the facility. Smaller facilities typically process inmates faster than lager facilities. If you have any questions when posting a bail and on how long this process well take at a particular facility, please call (909) 295-2245, where an agent can help assist you.

If the defendant "skips", the cosigner and defendant is 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. However, there are circumstances where a bail agent can post or reinstate bail if something accidentally happens to the defendant on the day of court. If you would like to find out more about this, please call (909) 295-2245, where an agent can further your knowledge on bail and how bail works.