Important things you need to know before you sign a Bail Bond Agreement

When do I get my money back?

There is so much confusion surrounding this part of the bail bond transaction. We explain this to our clients and have them initial our contracts that they understand they don't get the money back. Invariably, a year later, some family member who had nothing to do with paying for the bail bond will call and demand to know why their relative didn't get their money back. We politely explain how it works.

For example, if someone's bail is $10,000 someone you can post $10,000 cash at the jail (some jails accept checks but not credit cards-each jail has different requirements so it is recommended you call ahead if you plan to post the bail yourself). You make the arrangements with the jailer yourself. You will be given the person's first court appearance. After that, it is up to you to keep track of the court dates. If all goes well, the court will usually mail a check 6-8 weeks after the case is over. If the defendant skipped bail and did not return to court, you do not get the money back. You will have "forfeited" the bail money.

If you use the services of a bail bond company, you pay the standard rate of 10% of the bail amount which in this case is $1,000. This is called the premium. The $1,000 premium is non-refundable. Think of it as a loan fee. The bail bond company is loaning you $10,000. Regardless of the outcome of the case, you do not get the $1,000 or any portion of it returned to you.

If you put something up for collateral such as a lien on real estate, cash collateral, a title to a vehicle, etc. You would get the collateral back when the bond is exonerated and the premium is paid in full.

What happens if the person doesn't get bailed out of jail?

Not everyone can make bail and not everyone chooses to get bailed out. For the people who stay in jail, they are usually taken to see a judge within 72 court hours of when they were arrested. Knowing this, law enforcement will often do "sweeps" where they go out and serve warrants on Thursday nights. They do this knowing that if some of the people can't make bail, they will be stuck in jail until the following Monday or Tuesday.

Typically the first court appearance is the arraignment. At the arraignment the following events occur:
1. The defendant is informed of the charges against him or her.
2. The defendant is advised of his or her constitutional rights.
3. If the defendant cannot afford an attorney of his or her own choice, an attorney is appointed by the Court.
4. The defendant enters a plea of guilty, not guilty or no contest.
Not Guilty: The defendant states that he or she did not commit the crime.
Guilty: The defendant admits that he or she committed the crime and is in effect convicted.
No Contest: Also known as "Nolo Contendere." The defendant does not contest the charge. This plea has the same effect as a guilty plea, except that the subsequent conviction cannot be used against the defendant as evidence of liability in a civil suit.

When people call around for bail bonds, they will get information about how much the bail bond costs and what if anything will be needed for collateral. These are the two major concerns when shopping for a bail bond. If all goes well, and with a majority of transactions it does go well, you will be okay just concerning yourself with those two things.