LawPedia® Bail Bonds

BAIL BONDS

Most people are familiar with bail bonds. Someone arrested on a criminal charge may be held until trial, unless they furnish the required bail. The posting of a bail bond acquired by or on behalf of the incarcerated person is one means of meeting the required bail. When a bond is issued, the bonding company guarantees that the defendant will appear in court at a given time and place. The Government entity (state or federal) in whose court the defendant must appear, is protected by the bond. If the defendant fails to appear, the bond amount becomes payable and is forfeited as a penalty by the surety insurer issuing the bond. Bail bonds usually require collateral (cash, a deed, or other property) to protect the surety.

Bail bonds are issued by licensed "Bail Agents" or a "Bondsman" who specialize in their underwriting and issuance. Bail agents act as the appointed representatives of licensed surety insurance companies.

The word bail as a legal term means: (1) Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial (As a verb: to secure the release of an arrested person by providing bail); (2) Release from imprisonment on payment of such money ( As a verb: to release a person under such guarantee); or (3) The person providing such payment.

Traditionally, bail is some form of property deposited or pledged to a court in order to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail ("skipping bail", or "jumping bail", is also illegal). In most cases bail money will be returned at the end of the trial, if all court appearances are made, no matter whether the person is found guilty or not guilty of the crime accused. In some countries, including the US, granting bail is common. Even in such countries, however, bail may not be offered by some courts under some circumstances; for instance, if the accused is considered likely not to appear for trial regardless of bail. Countries without bail imprison the suspect before the trial only if deemed necessary.

SEE ALSO: BAIL BONDSMAN; BOUNTY HUNTER; HISTORY OF BAIL; HOW BAIL WORKS; FIND A BAIL BONDSMAN

SURETY BONDS

Surety Bonds are contracts guaranteeing that specific obligations will be fulfilled. The obligation may involve meeting a contractual commitment, paying a debt, or performing certain duties. Under the terms of a bond, one party becomes answerable to a third party for the acts or neglect of a second party.

Under modern suretyship, an insurer’s promise of performance is available to meet a wide variety of business, governmental and individual needs. Surety bonds are required in a significant number of business transactions as a means of reducing or transferring business risk. State and federal government agencies require surety bonds for the purpose of reducing public responsibility for the acts of others, and the courts require bonds to secure the various responsibilities of litigants, including the ability to pay damages.

A typical surety bond identifies each of three parties to the contract and spells out their relationship and obligations. The parties are: (1) A Principal – The party who has initially agreed to fulfill the obligation which is the subject of the bond. Also known as the Obligor; (2) An Obligee - The person or organization protected by the bond. This term is used most frequently in surety bonds; or (3) A Guarantor or Surety - The insurer issuing the bond.

BAIL BOND RESOURCES

Washington State Department of Licensing Bail Bond Agents

[PDF] Bail Bond Industry - IRS Audit Technique Guide

Colorado State Judicial Branch - Guide to Bail Bonds in Colorado (Division of Insurance)

Minnesota Judicial Branch - Approved Bail Bond Agent List

Beaver County, Pennsylvania Bail Bond Procedures

Idaho Department of Insurance Bail Bond Agents' Bond Requirement

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