What is a Bail Bond?

The simplest definition of a bail bond is as follows: A bail bond is a contract between a person accused of a crime and a person/business owner called a bail bondsman. Bail bondsmen pay the entire amount of a person’s bail in return for a small fee – typically 10% in California of the bail itself – in order for the individual to be released from jail. This agreement also demands that the individual show up for their scheduled court appearance.

Once the person is released from jail, if they do not show up at their next court appearance, the bail bondsmen forfeits the amount of money they put up to secure their release. Furthermore, when the person “skips” bail, the bondsmen can use bounty hunters to track down the accused and force them to appear at trial.

How to Know What a Bail Bond Is

If you or someone you know has recently been arrested for a crime, there are three basic options that they may be presented with for release. If you are unsure of which option you are confronted with, it is best to call us today for assistance.

The three basic options for release are:

  • Surety Bond: An alternative to a cash bail, this process involves a contractual undertaking guaranteed by an admitted insurance company that has adequate assets to satisfy the face value of the bond. The bail agent guarantees to the court that they will pay the bond forfeiture if the defendant fails to appear in court at their scheduled time. The bail agent’s guarantee is made through a surety company and/or by pledging property owned by the bail agent.
  • Cash Bail: A cash bail means that a person must give the court or the jail the total amount of the bail in cash. The court will hold the cash until the defendant appears at all of his/her court cases and the case is concluded. Full cash bonds are a powerful incentive for the defendant to show up.
  • Release on Own Recognizance (O.R.): The third method is through a pre-trial release program that is typically administered by the county or a law enforcement agency. Usually, the employees of these programs interview defendants in custody and make recommendations to the court regarding their release without any financial security to ensure their return.

What is the Purpose of Bail?

To be clear, a bail bond is not a means of punishing a defendant, nor should it be considered revenue for the government. When a bail bond has served its purpose, and the defendant has shown up for the scheduled court dates, the surety will be exonerated; it will be returned to the defendant. Therefore, the main goal of the bail is to encourage the defendant to abide by the rules of the court and to attend proceedings. It is basically a form of insurance for the courts.

Some Questions to Ask Your Potential Bail Bondsmen

When you’re forced with a situation in which you need a bail bondsman to provide affordable bail bonds, it is imperative to ensure you place your trust in a knowledgeable and respected member of the industry. Our team at Ernie Lopez Bail Bonds has been in business since 1956. We are licensed and insured (License# 1844092) and are an accredited business with the Better Business Bureau. We are also members of the California Bail Agents Association and trusted business partners with the Expert Bail Network. We put together the following list of questions to help you determine if you’re working with expert bail bond agency.

  • What areas do you cover?
  • What jails do you service?
  • What is your license number?
  • What are your repayment plans?
  • Do you accept credit cards or personal checks?
  • How will you protect my privacy?
  • Will you require my personal property as collateral?
  • What is your required bond premium?
  • Will I be able to contact you 24/7?
  • How many bonds do you service each year?
  • What is your success rate?

To learn more about these questions, we encourage you to browse our FAQ page. Here you will find more resources to help you understand the bail bond process and the liability you can expect from helping out your loved one. This is not something you should take lightly. It is imperative you understand the risks involved. Please do not hesitate to contact our team at Ernie Lopez Bail Bonds today to speak with a representative. We are available to you 24 hours a day, 7 days a week. Connect today to get started.