The history of bail bonds can be seen from the very formation of the United States. What is important to understand about the United States legal system is that it is derived from its European roots. It is for this reason that there are a plethora of statutes and legal theories that have traveled across the Atlantic Ocean and made there way into the United States legal culture. The reason for this is that the founding fathers needed to form a government quickly in the wake of the revolution. Thus, one of the principles that was adopted was the practice of bail bonds in the new government that was forming in the United States.

Bail bonds have been in practice in the British legal system for centuries. In fact, in medieval times, there were too many prisoners that were in jail and a decision had to be made as to which criminals to keep in jail. What made the process flawed was that many of the criminals did not want to turn up to trials when their punishments were torture and being burned at the stake. For this reason, there had to be a way to motivate the criminals who were released to return to jail.

What was the problem with the decision making of which criminals to release in society was that too much power was left to the local sheriff about which criminals to release. This led to a great deal of corruption with sheriffs having too much power to choose which criminals to release based on brides. In 1275, the Parliament passed the statute of Westminster to take away some of the authority sheriffs. The statute indicated which crimes were bailable offenses and which ones were not. This statute created a great deal of clarity and did not have any amendments for hundreds of years.

The United States implicated this practice in its new government. However, the practice was not officially codified until almost 200 years later. The United States Congress passed the Bail Reform Act of 1966. The Bail Reform Act of 1966 stated that any defendant that was in the midst of facing trial for a non-capital offense should be released “on his personal recognizance” or on personal bond. That being said, if the court had the instinct that the defendant could possibly leave town, the judge would then have the authority to choose a more restrictive option that would potentially limit the defendant’s travel and/or executing an appearance bond that would be refunded when the defendant successfully appeared in court.

The legal concept of bail bonds has a fascinating history in the United States given its English roots that have been in place for centuries. The logic behind bail bonds has been an incredible contribution to the criminal justice system because it was one of the theories that led away from some of the harsher punishments in England. By eliminating one of the elements of corruption associated with these offenses it allowed the criminal justice system to evolve into the model we see today that promotes a more just trial and incarceration system. By utilizing bail bonds, the criminal justice system has greatly benefited as a whole and will do so for the years to come.

Bail is a set amount of money that is given to a court to ensure that a criminal defendant will return for a court appearance after an arrest. Though we often hear about bail in criminal proceedings, and that a judge has set bail at a certain amount, it can be hard for those outside of the legal profession to understand how the process works and how a judge decides what’s an appropriate amount. How is the amount of bail needed to ensure that the defendant will return to court set? What are the factors involved?

Here’s an overview of the key points that will be considered when a judge sets bail. The judge will take into consideration:

The nature of the crime committed and the circumstances surrounding it.

The evidence that exists against the defendant, and how likely it is to lead to conviction.

The defendant’s history in a community as well as family ties, their mental state, their finances and employment history.

The past and present conduct of the defendant, including whether or not they have ever been convicted of a crime, and if they ever failed to appear when called to court.

The defendant’s criminal history and the chance that they will be a threat to the community if they are released after an arrest.

A defendant’s criminal status. This is a major factor in setting bail. If the defendant is currently already on parole, on probation or on release from another crime, these factors will definitely impact the amount of bail set.

The source of a defendant’s finances. This is a factor especially if their income seems to stem from a history of criminal activity.

If the arrest is on a drug related charge. If drugs are involved, the street value of the drugs will have a definite impact on the amount of bail set. A high value on the drugs would indicate a high level of bail, as the higher level points to more serious charges against the defendant.

In general, the law gives a judge great leeway in setting bail, as judges are allowed to consider any other factors that seem relevant to the case, above and beyond the factors listed above.

Once bail is set, the defendant must endure a booking process, and then post the bail, or arrange to have it posted for them. On release, the defendant will wait for an arraignment of their case.

If a defendant is not deemed a “flight risk” by the court, that is to say, the judge does not believe that the defendant would fail to show up for their scheduled court appearance, they may be released on their own “recognizance.” In that case, they would be expected to appear in court and be responsible for getting there at the appointed time and day.

All the above factors have a lot to do with the dollar amount that is set for a defendant’s bail, but clearly, the judge in the case has the ultimate power to set that amount, according to their understanding of the nature of the crime and the defendant’s character.

When someone you love is jailed, it can feel like the world is crashing in. You want to help but aren’t sure what to do – and there are so many legal terms to understand! Words like “bail,” “cash bond,” “surety bond” and “bondsman” may be used, or even “immigration bond,” depending on the reason for arrest. If you’ve never heard these terms before, they can be very confusing. What do they mean? Which one is best? Here is a short guide to help with the basics, so you have the information you need to make the right choice.

First, the word “bail.” Bail is the money that is paid to get someone out of jail until their case has been decided. There are three main ways bail can be paid – by cash bond, by surety bond or by immigration bond.

Cash Bonds

A cash bond is exactly what it sounds like – cash, paid to the court by the arrestee or a friend or family member. If the arrestee shows up for court as required, the person paying cash bail might be able to get some of it back, although the court will deduct fees and charges from the amount it returns. However, there can be drawbacks to this approach. Often, bail is set too high to be affordable. Also, the court may view the arrestee’s ability to come up with cash as an indication they are able to pay higher court costs/fees and hire a private attorney. In addition, the cost of a public defender, if used, can be deducted from the amount returned.

Surety Bonds

A surety bond, on the other hand, requires hiring a bail bondsman, who is paid a fee equal to a percentage (usually 10-20%) of the bail amount set. A contract is signed stating that the signer will be responsible for paying the rest of the bail if the arrestee fails to appear for court. The bondsman may also require the signer to put up property as collateral in case the arrestee fails to appear. The benefits of this are that the out of pocket expense is far less, the use of a bondsman won’t be considered an indication of an ability to pay higher fees/costs and it won’t negatively affect the arrestee’s ability to qualify for a public defender. On the other hand, the percentage paid to a bail bondsman is his fee and will not be returned to the person who signs the contract even if the arrestee does everything s/he is supposed to do. And in cases where collateral was required, the person signing with the bail bondsman could lose the property used for collateral if the arrestee doesn’t show up for court.

Immigration Bonds

Immigration bonds are used when an individual is arrested for being in the United States illegally. There are two types. Delivery bonds are used to ensure that the detainee will show up to immigration hearings as required, much like the ones described above. Voluntary departure bonds, on the other hand, are used to ensure that the detainee will leave the country at his/her own expense by the date stipulated. Both of these types can be paid for by cash or by surety bonds as described above and with many of the same benefits and drawbacks.

What is the difference between a bail agent and a bounty hunter?

A bail agent, also known as a bail bondsman or bail bond agent, posts bail for the release of a defendant from jail, in exchange for a fee. Upon authorization of a bail bond by a co-signer, family member, or the defendant, the defendant is released and the bond is accepted by the court in lieu of the entire bail amount. The bail agent guarantees to pay over to the court the entire amount of the bond if the defendant fails to appear for his required court date. However, the bail agent does not typically go out searching for a defendant if he fails to show up for a court appearance.

A bounty hunter, on the other hand, generally works on behalf of a bail agent to locate and re-arrest clients who have defaulted on their contract with the bail agent, usually when they fail to appear in court as required, and after a judge has signed a warrant for his arrest. Once the person is located and re-arrested, the bail agent is usually released from his obligation for the person’s bond. Police departments often do not have the resources to track down every person who skips bail, so a bail agent will hire a bounty hunter and pay him a percentage of the bond as a fee if he is able to bring the person in.

How is a bail amount set?

Bail is generally set according to a bail schedule, but a judge can adjust the amount based on the circumstances of the case. A judge will usually consider factors such as the seriousness of the case, the defendant’s prior arrest record, whether the defendant is employed, and whether the defendant has family in the area or other ties to the local community.

Is the bail agent’s fee refunded if the defendant shows up for court?

A bail agent is in the business of making loans to people who need bail money. The bail agent’s fee for this service is generally 10 percent of the bail amount. This 10-percent fee is not refunded to the defendant when the case is over. Bail agents often ask for collateral in addition to the 10-percent fee. If a person is released on a $10,000 bond and the bail agent has accepted a $1,000 fee in exchange for putting up the money to cover the bond, he will lose $9,000 if a defendant fails to appear in court when scheduled. This is because the bail agent will be required by the court to pay the full amount of the $10,000 bond if the defendant is a no-show. For this reason, a bail agent may ask for collateral in the form of real estate, title to a vehicle, or stocks and bonds. When the defendant appears in court, the bond obligation is released, and the bail agent will, in turn, release his claim to the collateral. However, the 10-percent fee, or $1,000 in this example, is not refunded. That’s the bail agent’s charge for providing the bond to secure the defendant’s initial release.