A bail bond always involves a three way contract between the courts, the bonding company and the guarantor. The bonding company guarantees the court that the accused will be present at every court appearance. The guarantor makes a pledge to the bonding company that the defendant will attend court hearings at the risk of having his bond confiscated by the Bonding Company and surrendered to the courts. The bond contract stipulates the premium that the guarantor has to pay to enjoy this privilege.

There are five different types of bail bonds.

First, there is the surety bond. The surety bond is the one favored by the courts because should the defendant fail to attend the hearings, the guarantor, who is usually the family or friend of the accused, will take efforts to apprehend or persuade him to appear again in the hearings.

A cash bail means that the one trying to obtain the release of the defendant must have sufficient cash at hand to fully secure the bond.

The property bond involves real estate, which is used as a security for the courts in releasing the defendant from custody. However, this takes two weeks because of the necessity of securing the judge’s approval, and performing a property appraisal.

For first time offenders and for non-violent crimes, a Release on Own Recognizance bail bond can be issued. This is for an accused that has had good standing in the community for many years, has a reputable business or job, and stable family and community ties, and therefore presents very little risk of jumping bail. If the accused does not have any criminal record and has a good background in the community, he has a strong motivation to attend court hearings to clear his reputation of the charge being levied against him.

An electronic monitor may sometimes also be required by the courts in certain cases. This electronic monitor is called an ELMO. This is a bracelet that gives off a certain sound if the defendant strays away from an approved locality of movement. This is one case where modern electronics have caught up with criminology cases. The ELMO has given freedom to many accused to attend their business or job while they are being tried in court.

As soon as the bail bond is approved by the courts, the accused is released within hours of custody.

The bond fee mandated under the law varies from state to state. Throughout the states of the US, this varies from 10 to 20 percent. Immigration bonds are higher, from 15 to 20 percent.

The bail bond fee is not refundable. This is the earnings of the bonding company in providing bail bonds to their clients.

If the defendant fails to appear in court, the court can order the confiscation of the bond until the defendant can give a good excuse for his absence from hearings. For this reason, collateral for the amount of the bond is always needed. Collateral can be real estate, cash, bank deposits and other movable properties. The lien on the property is withheld when the courts approve a bond discharge upon the disposition of the case.

The courts inform the defendant through the mail about the dates of the intended hearing. The bonding company is also notified also through the mail. The set hearing is usually scheduled a week or more before the notification is sent out. The guarantor is also notified by the courts and the bonding company about the dates of the court hearings.

Bail bondsman basically provides a contract to the court ensuring that the defendant would appear in the court. The guarantee is provided by the defendant’s family members or friends.
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A bail bondsman is the person whose task is to post bail for anyone who has been arrested. Securing the services of a good bail bondsman is not that difficult.
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Author Bio: Bail bondsman basically provides a contract to the court ensuring that the defendant would appear in the court. The guarantee is provided by the defendant’s family members or friends.
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