How Does Bail Work?
Once a person has been arrested and booked for a state or federal crime, he/she has five possible options release options pending the conclusion of his/her case: own recognizance (O.R.), release on citation ("Cite Out"), property bond, cash bond and surety bond. Bail bonds are designed to guarantee that the defendant will show up in court as directed by the judge.
Very few people are released on their own recognizance or cited out, which leave only the cash, property and surety bond options for most. Because many people do not have adequate property or cash to post as bail, they normally choose the surety bond through a licensed bail agent.
The posting of bail bonds involves a contractual undertaking guaranteed by a bail agent and the individual cosigning and posting bail (indemnitor) whereby the bail agent guarantees to the court that the defendant will appear in court as directed by the judge at each appointed date and time.
For this service, the defendant is charged a percentage of the bail amount (typically 10%, but up to 15% for federal bonds). Before being released the defendant or, more typically, a relative or friend of the defendant, contacts a bail agent to arrange for the posting of bail. Prior to the posting of a bail bond, the indemnitor must guarantee that he/she will pay the full amount of bail if the defendant does not appear in court.
Typically, the indemnitor is a family member or a close friend of the defendant. Collateral (property owned by the indemnitor that is used to financially secure the bond) is not always required for a person to be bailed from jail. Often a person can be bailed from jail on just the indemnitor's signature. Indemnitors typically need to be working and either own or rent a home in the same area for some time.
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