A bail bondsman helps you out when you or a loved one needs to post bail. Using a bail bondsman enables you to put up just a portion of the bail amount, with the bail bond covering the rest. But do you have to use a bail bondsman if bail has been set?
The short answer is no. You're not obligated to use a bail bondsman, and there are several other options you can consider. Some of them involve paying bail in another way, but you also have the option of remaining in jail.
The other main options that you have are:
- Remain in jail and await trial (however long that could take)
- Pay the total amount of the bail in cash
- Use real estate that you own to take out a property bond to secure bail
- Hiring an attorney to argue for other pretrial options, which could include home detention, court-supervised GPS monitoring, Personal Release bonds or Signature bonds
It's always important to know what choices are available to you so that you can make the best decision. So you can avoid the use of a bail bondsman, but the real question is whether you should. Using a bail bondsman is often the smart choice when you want to post bail and gain freedom while you are awaiting your trial.
Why Use a Bail Bondsman?
There are plenty of great reasons to use a bail bondsman. If you're unsure about whether it's the right option for you, you need to consider the benefits of posting bail and your ability to do it without a bail bond.
Using a bail bondsman means you can post bail without having to have the full amount in cash or property to use as collateral. You will usually only be required to pay up to 10% of the full amount, with the rest covered by the bail bond. And if you fulfill all of the conditions of your bail and make all of your court appearances, you won't have to worry about anything else.
How Bail Bonds Work
Bail bonds are fairly simple to understand. They're designed to enable people to post bail without having to put up all the money themselves. Bail is set as an incentive to ensure the defendant turns up at their court appearances. If they don't, they won't get their bail amount back. But paying the whole amount can be difficult or even impossible for many people.
Fortunately, bail bonds are available to help out. With a bail bond, the defendant covers a portion of the total bail amount, no more than 10%, while the bail bond company covers the rest. The bond will be secured with some type of collateral, such as a car, which helps to protect the bail bond company if the defendant doesn't make their court appearances and the bail money isn't returned to the company.
Bail bondsmen charge a fee to the defendant, a percentage of bail, that then enables them to cover the rest of the bail amount. If the defendant fails to turn up at court and the bail isn't repaid to the bail bondsman, they will seek recompense from the defendant or the person who cosigned for the bond. Bail bondsmen might also use various methods to track down the defendant and bring them back to court, including using bail enforcement officers (bounty hunters).
Understanding the Role of a Bondsman
A bail bondsman plays a necessary role in the bail system for many people. Setting bail is often seen as a necessary step to help ensure defendants fulfill their obligations and turn up in court. However, the amounts recommended in the official bail schedule can be a lot more than any individual can afford. If you are unable to pay the amount set, it could mean you have to remain in jail until your court date arrives. This is why bail bondsmen play such an important role. They make it possible for anyone to post bail, even if their financial situation doesn't allow them to pay the full amount in cash.
The Functions of a Bail Bondsman
Bail bondsmen perform several key functions. Firstly, they can cover the majority of the bail amount to allow a defendant to be released from jail. Secondly, putting forward the bail bond means that they are vouching for the defendant. The bail bondsman is saying that they will help to ensure the defendant makes their court appearance. After all, if they don't, the bail bond company won't get their money back. In connection to this, their role can also involve looking for and even collecting defendants to transport them to the jail or courthouse if they fail to appear in court.
Do You Have to Use a Bail Bondsman?
Ultimately, you are not obligated to use a bail bondsman. You can choose not to use one and to explore the other options that are available to you. However, the truth is that using a bail bondsman might be the best option available to you. If you want to secure your release from jail until your trial but you can't afford to pay cash bail, using a bail bond is likely to be in your best interest.
Bail bondsmen can also give you advice about your situation and help you make sure you're making the right choice. If you're considering using a bail bondsman but you want to be certain it's the right step to take, contact us here at Mr. Nice Guy Bail Bonds. Our friendly and knowledgeable staff will talk to you about your options.
