Bail bonds: what to know

What the job involves, what changes the price, and what to ask a pro.

What bail bonds is

A bail bond agent arranges a bond with the court so a person in custody can be released while the case is pending. Families call when bail has been set and they cannot or do not want to pay the full amount to the court.

Signs you need it

  • A relative has been arrested and a judge or booking officer has set a bail amount
  • You cannot pay the full bail amount to the court yourself
  • You need release before the first hearing so the person can keep working or care for family
  • The jail has given you a booking number and a bail amount but no clear steps on how to post it
  • A court date has been set and you need someone to explain the conditions of release

What the pro does

  • Take the booking name, booking number, jail location and bail amount from the family
  • Explain the bond contract, who signs as the indemnitor, and what the signer is responsible for
  • Collect the required fee and any collateral the agreement calls for, and give written receipts
  • Post the bond with the jail or court so release can be processed
  • Review the court dates and release conditions with the defendant and the signer
  • Check in on appearances and explain what happens if a court date is missed

What changes the price

Every job is different, so we do not publish prices. These are the things that move the quote up or down.

  • The bail amount the court set
  • Which court or jail holds the person and how far the agent must travel
  • Whether collateral such as a vehicle or property is requested
  • Whether the signer has income, employment and local ties that the agency can verify
  • The type of charge and whether the bond is for a state or federal matter
  • Whether payment can be arranged in installments and what the agreement says about missed payments

What a written quote should spell out

  • The fee the agency charges, stated in writing, and whether any part is refundable
  • What collateral is required and when it is returned
  • Every person who must sign and what each signer is responsible for
  • Check in or reporting requirements placed on the defendant
  • What happens to the signer if the defendant misses a court date

Questions to ask before you hire

  • Is your agency licensed in the state where the person is held, and what is your license number?
  • Which fees are charged to me and which, if any, can come back after the case ends?
  • What collateral do you need and how do I get it back when the case ends?
  • What exactly am I responsible for if the defendant misses a court date?
  • Do you need the defendant to check in with you, and how often?
  • Will you give me a copy of the full contract and every receipt before I sign?
  • Can you explain the release conditions the court set?

Red flags

  • An agent who will not let you read the contract before you sign it
  • Fees or collateral demanded that are not written in the agreement
  • Pressure to sign immediately without explaining what the indemnitor owes if the defendant does not appear
  • An agent who promises the charges will be dropped or the case will end a certain way
  • An agent who cannot show a current license when asked

What you can do yourself

You can pay bail directly to the court or jail when the full amount is allowed to be paid by you, and you get it back according to court rules at the end of the case. A bail bond agent is for when you cannot or do not want to post the full amount. For questions about the charge itself, speak with a licensed criminal defense attorney.

Licenses and permits

Bail bond agents are licensed in most places, and the rules for who may write bonds differ by state. Check the agent's license with the state agency that regulates bail bonds or insurance before you sign.

Bail bonds questions

Does a bail bond end the case?

No. A bond only secures release while the case is pending. The case continues and the defendant must attend every court date.

Who is responsible if the defendant misses court?

The contract names who is responsible. Read what the signer owes in that situation before signing, and ask the agent to explain it in plain words.

Should I talk to a lawyer too?

A bail agent does not give legal advice about the charge. A licensed criminal defense attorney can explain the case and your options.

Can I find out the bail amount before calling?

The jail or court clerk can usually confirm it using the booking name or number. The agent will also ask for those details.

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