Using Bail Bonds for a Family Member? What to Know First

Getting that middle-of-the-night call that a loved one has been arrested can be scary and overwhelming. Your first instinct might be to do whatever it takes to get them out of jail as quickly as possible. This often means posting bail so they can be released while their case makes its way through the criminal justice system.

For many families, coming up with enough money to pay the full bail amount just isn’t feasible. This is where a commercial bail bondsman can help. Bail bondsmen will post a bond with the court in exchange for a percentage of the full bail amount from the family. This allows the defendant to be released without paying the bail amount upfront.

While bail bonds can provide a valuable service, there’s a lot to consider before using one. Taking the time to understand the bail bond process and laws in your state can help avoid further legal complications down the road.

Know Your State’s Bail Bond Laws

Bail bond laws and regulations can vary widely between states. It’s important to know the laws in your state regarding:

• Allowed fees and premiums – Most states cap the amount a bondsman can charge as a percentage of the bail amount.
• Licensing requirements – Bondsmen must be properly licensed to operate in a state.
• Bond forfeitures – What happens if the defendant misses a court date or violates release conditions.
• Collateral policies – Rules on what personal assets a bondsman can require as collateral from friends/family.

Reviewing your state’s bail bond laws and consumer protections will help avoid being overcharged or running into issues later on. The National Conference of State Legislatures provides an overview of major bail bond laws in each state.

Understand How Bail Bonds Work

When a judge sets a cash bail amount, this is allowing the defendant to be released from jail after paying the full bail amount to the court. The bail money serves as collateral to make sure the defendant appears at future court dates.

By using a bail bondsman, a defendant can be released without paying the full bail amount upfront. The bondsman will charge a non-refundable fee, usually 10% of the bail amount, to post a bond with the court as collateral for the remaining 90% of the bail. This bond also serves to ensure the defendant’s future appearances.

If the defendant makes all required court appearances and complies with the conditions of release, the bail bond can eventually be discharged or released once the case concludes. But if they miss court dates or violate release conditions, the court will issue a bond forfeiture and expect the full bail amount to be paid after a grace period.

The Dangers of Bond Forfeiture

Bond forfeiture triggers when a defendant fails to appear in court or violates the terms of their release. The court will issue a notice of forfeiture, usually giving the bondsman around 6 months to bring the defendant back into custody. If they fail to do so, they must pay the full original bail amount themselves.

The bondsman can then come after friends/family members who co-signed for the bond and provided collateral. They can even place liens on property or garnish wages to recover their losses. That’s why it’s so important to understand the serious financial risks of bond forfeiture before agreeing to a bail bond.

Shop Around and Compare Bail Bond Rates

Like most services, bail bond fees can vary between bonding companies. It pays to shop around and contact a few recommended agents to compare rates.

Be wary of bondsmen who claim they can offer unusually low rates compared to competitors – it may indicate they plan to take advantage of defendants and their families once released.

A good bondsman should clearly explain their rates, when fees are due, policies if they need to revoke a bond, and what collateral they require upfront from cosigners.

Consider Using Property as Collateral

While bail bonds allow pretrial release without paying the full bail amount upfront, bondsmen require some form of collateral in case a bond is forfeited. Some states heavily restrict or ban cash collateral on bail bonds.

Using property as collateral instead of cash deposits can avoid some legal complications. The property acts as security for the bondsman if forfeiture occurs, but they can’t keep the actual property under state laws – just place a lien against it. This keeps the property under the cosigner’s name.

Homes or vehicles with plenty of existing equity are commonly used, although the bondsman may still ask for some percentage of the bail amount fee upfront.

Know What Happens If Collateral Doesn’t Cover Losses

What if a bond is forfeited, but selling collateral like a home doesn’t raise enough funds to cover the full forfeited bail amount? State laws protect friends/family from owing more than the value of collateral they originally pledged.

However, some states still allow bondsmen to pursue signers for the remaining balance even after seizing and selling pledged assets. It’s an important question to clarify upfront before finalizing a bail agreement.

Consider Bail Bond Alternatives

While bail bonds provide a useful option for pretrial release, they aren’t the only choice. More jurisdictions now offer conditional releases without needing to pay bail, including:

• Pretrial services – Defendants are released under court supervision without needing to post bond or pay bail. Judges may order drug testing, electronic monitoring, counseling, etc. as release conditions.
• Unsecured bonds – The defendant is released after promising to pay the set bail amount only if they fail to appear in court.
• Percentage cash bonds – Allow paying just 10% of the bail amount directly to the court instead of a bondsman. The percentage is returned after court appearances.

If the defendant seems likely to comply with release conditions, these options avoid bail bond fees and risks of property liens from forfeiture. The National Association of Criminal Defense Lawyers provides more guidance on bail bond alternatives.

Don’t Hesitate to Contact an Attorney

Navigating bail bonds on top of an arrest of someone close to you is scary and confusing. Don’t hesitate to contact a criminal defense lawyer for guidance through every step of the process. An attorney can also advocate for bail terms or pretrial release options that protect a defendant’s rights and avoid burdensome fees.

While bail bonds have an important role in the justice system, they also come with serious financial risks for those who agree to co-sign. Taking the time to understand your state’s bail laws, weigh alternatives, and consult legal counsel can avoid further legal complications at an already difficult time.