That depends. In New York, for example, the bail money will be returned at the end of your case if you make all of your court appearances. If you are found not guilty or if your case is dismissed, you will get 100% of the bail money back. However, if you are convicted, it will be returned less a 3% fee. Additionally, you must make all of your court appearances or else you may forfeit your bail.
Bail Bond
The California Department of Insurance (CDI) has regulated the bail bond business since the passage of the Bail Bond Regulatory Act in 1937. A bail bond is a surety bond, which is posted by a bail bond company to the court as a guarantee for an arrestee's appearance at all court dates. The court will release an arrestee from detention upon posting of the bail bond. Bail bonds are underwritten and issued by licensed bail agents which act as the appointed representatives of licensed surety insurance companies.
A bail bondsman, bail bond agent or bond dealer is any person, agency or corporation that will act as a surety and pledge money or property as bail for the appearance of a defendant in court.
Bail bond agents are almost exclusively found in the United States,[1] as the practice of bail bonding is illegal in most other countries.[2] The industry is represented by various trade associations, with the Professional Bail Agents of the United States and the American Bail Coalition forming an umbrella group for bail agents and surety companies and the National Association of Fugitive Recovery Agents representing the bounty hunting industry.[citation needed] Organizations that represent the legal profession, including the American Bar Association and the National District Attorneys Association, oppose the practice of bond dealing, claiming that it discriminates against poor and middle-class defendants while doing nothing for public safety.[3]
The first modern bail bonds business in the United States was established by Peter P. McDonough in San Francisco in 1898.[4] However, clay tablets from ca. 2750 BC describe surety bail bond agreements made in the Akkadian city of Eshnunna, located in modern-day Iraq.[5] Indemnitors obtained the release of defendants from jail by paying sums of currency and pledging, with their own property as collateral, that said defendants would show up in court.[citation needed]
Laws governing the practice of bail bonds vary by state,[7] although the Uniform Criminal Extradition Act, sponsored by the Uniform Law Commission, has been widely adopted.[7] In the state of California, bail bond agreements[vague] must be verified and certified by the California Department of Insurance.[8] The practice of commercial bail bonds is unlawful in the states of Illinois, Kentucky, Oregon, and Wisconsin.[9]
"There are 18 states where theoretically anyone can become a bail recovery agent..."[1] In most jurisdictions, bond agents must be licensed to carry on business within the state. Some insurance companies may offer insurance coverage that includes local bail bonds for traffic related arrests.[11]
Bond agents generally charge a fee of ten percent for a state charge and fifteen percent for a federal bail bond, with a minimum of one hundred dollars in such states as Florida, required in order to post a bond for the full amount of the bond.[12] This fee is not refundable and represents the bond agent's compensation for services rendered.[13]
Nevada is one of the states which allow an arrestee to "put up" a residence for a bail bond. To do this, the applicant must register a deed of trust and name the bonding agency as beneficiary. While this gives the bail company a lien on the property, it can only take ownership if the defendant fails to comply with all court instructions and rules.[14]
Some states, such as North Carolina, have outlawed the use or licensing of "bounty hunters"; therefore, bail bondsmen must apprehend their own fugitives. Bond agents are allowed to sue indemnitors, any persons who guaranteed the defendants' appearances in court or the defendants themselves for any moneys forfeited to the court for failure of defendants appear.[clarification needed]
Several high-profile cases involving bondsman misconduct have led to calls for increased regulation of the industry or outright abolition of the bail for profit industry.[30][31][32][33] One of the most prominent cases, in Louisiana, involved bribery of judges by a bail bonding agency. A far-reaching FBI investigation code-named "Operation Wrinkled Robe" led to criminal charges and removal proceedings for various judges, such as Ronald Bodenheimer, and police officers.[34][better source needed]
The American Civil Liberties Union has criticized the practice of bail bonds as a form of injustice against low-income communities and fueling mass incarceration of innocent people, with the ACLU recommending automated text messages or robocalls for court appearances.[35]
In addition to the use of bail bonds, a defendant may be released under other terms. These alternatives include pretrial services programs, own recognizance or signature bond, cash bond, surety bond, property bond, and citation release. The choice of these alternatives is determined by the court.[citation needed]
Personal Bond: The defendant is released upon signing a bond, which states that he or she will be liable for criminal, and in some cases civil, penalties if he or she fails to appear in court.
Bail Set with Terms of Release: The defendant may go free by posting bail in the amount set by the court, either by paying it directly or obtaining a surety bond through a bail bond company.
Bail is often set in amounts that are beyond the financial capabilities of most people. Bail bond companies are, in most states, for-profit businesses that charge a nonrefundable fee, usually 10 to 20 percent of the bail amount, to post bail for a defendant.
The bail bond company signs a contract, known as a surety bond, in which it agrees to be liable for the full bail amount if the defendant fails to appear in court or otherwise forfeits his or her bail. Since the bail bond company is potentially on the hook for a large sum of money, it may require the defendant to check in on a regular basis, or even consent to be monitored by the company. The next step for a bail bond company, if the defendant fails to appear in court, might be to retain the services of a bail recovery agent, sometimes known as a bounty hunter.
The DFS licenses and oversees bail agents and insurance companies. Any bail agent operating in New York must be licensed with the New York State Department of Financial Services. Our licensees must follow the Insurance Law and all New York regulations and guidance.
New York laws limit how much a bail agent may charge for a bail bond. The maximum premium is set by law and is generally non-refundable. Collateral should be reasonable, such as 10% of the bond value. Once the bail agreement is finalized, the bail bond is sent to the court for approval and the defendant is released.
Note: A bail agent may not charge any fees outside the premium except for out-of-pocket costs for the apprehension and surrender of the defendant following a court-ordered warrant, the apprehension and surrender of the defendant following the documented request of the indemnitor, and the application for the remission of forfeiture. The maximum premium amount is separate from any collateral that may be required.
The bail agent is the person that interacts directly with a defendant or indemnitor to post bail. Bail agents do not work for the court, and any bail agents operating in New York must be licensed with the New York State Department of Financial Services.
The insurer is the company that works with the bail agent to issue the bond. All insurers doing bail bond business in New York must be licensed with the New York State Department of Financial Services.
A bail bond is a guarantee by a third-party that a defendant in a court action will appear to all of their criminal court proceedings. The bond is given in return for the release of the defendant from court custody.
A Bail Bond is a type of Surety Bond. A surety bond is a three party guarantee put into place to protect the party requesting the bond and guarantees the performance, ability, honesty and integrity of individuals performing various responsibilities and obligations. The three parties involved are the obligee, principal and surety. However, there can be another party to a suretyship called an indemnitor.
Bail Bond Agent: A bail bond agent (also referred to as a limited surety agent or professional bail bond agent) is an individual appointed by an insurer to execute bail bonds in connection with court proceedings and who therefore receives or is promised money or other things of value (collateral) in return for issuing a bail bond.
Collateral: Collateral is better described as property accepted as security for a loan or against the performance of an obligation. In a bail bond situation, the performance of the defendant to appear at all court proceedings is the performance being secured.
Nebbia Proffer Filing: A Nebbia hearing requires the defendant and co-signers of the bond to produce and disclose the source of bail premium and collateral prior to the defendant's release on bail.
Managing General Agents: Managing General Agents are licensed and appointed bail bond agents in this state who are chosen by certain insurers to be responsible for the supervision of their appointed bail bond agents.
Principal: The party required to get the bond and to perform and fulfill a contract or to meet an obligation. A Bail Bond Principal is the defendant in a court case who has authorized a bail bond agent to act on his or her behalf.
License Required: Section 648.30, Florida Statues, states a person may not act in the capacity of a bail bond agent, or temporary bail bond agent, or perform any of the functions, duties, or powers prescribed for bail bond agents or temporary bail bond agents unless that person is qualified, licensed, and appointed.
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