Over many, many years, bail bondsmen have managed to muster up questionable reputations. Much of this often misconception can be attributed to the bad bail bondsmen who challenge the system and the laws that regulate them. As the old saying goes, “one bad apple can spoil the whole bunch.”
The number one misconception in the bail bond industry revolves around fees. Many bail bond companies will advertise discounted fees, when in reality; they are regulated by the state Department of Insurance. In California, the fee charged to the general public is 10% of the total amount of the original bail set by the court, which is based on the severity of the crime (i.e. misdemeanor or felony), and a bail schedule with Penal Codes for each offense. This is carved in stone, so you will rarely see any deviation from the set fees, unless the defendant has other warrants or charges in the past that could be added into the mix and possibly raise the bail amount. Each case is different and will be assessed at the time of the arraignment.
The only exception to the 10% fee is when a client is referred to the bail bond agency through a defense attorney representing the defendant. Then the fee will be reduced by 20% to 8%. This is the only time you will see a decrease in fees. However, many bail bond agencies will advertise rates as low as 2% or 5%. Buyer Beware! You will absolutely pay the regulated fees over a period of time, no matter what you are told.
Other issues that give bail bondsmen a bad rap is how some of them treat their clients. It’s not unusual to hear about some who harass or threaten their clients because they have not made their required payments to pay down the 10% put up by the bail bond agency to bail the defendant out of jail. This is why collateral is so important. A bail bondman has a great deal at stake financially. They have to protect themselves from potential loses. This is why the more professional, trustworthy bail bond companies will pick and choose who they will bail out of jail and who they will not.
There have been reports of co-signers, the person who puts up the 10% funds to get the defendant released from custody and guarantees that they will show up for all their court appearances, putting up property (real estate) as collateral and not really being the owner. This is why bail bondsmen have to protect themselves and do the necessary due diligence to be sure that this is a bond they want to write.
In addition to the 10% fee risk, they also have to consider that if the defendant doesn’t show up for their court appearances, they stand to forfeit the entire amount of the bond out of their own pocket. Imagine if the bond was $1 million dollars. This could put the bail bond company out of business. Their only saving grace is to find the defendant and surrender them to the court and save themselves from these types of risks.
Enough about Bad Bail Bondsmen; there is a very good and important roll that they play in our society. They are here to provide a service that allows honest defendants, who are willing to face their charges, to get out of jail to work on their defense in the comfort of their own home with their family and attorney. This is a privilege extended to the defendant by the court. However, if the defendant “skips bail” and doesn’t show up for their court appearances, they will be labeled a “fugitive” and the court will file a “bench warrant” for their arrest. In this situation, the bail bondsman now has 180 days to search for the defendant either on their own, or through a “bounty hunter”, to bring them back to court and protect their investment.
Another good thing that some bail bond agencies do, is help those that get arrested for substance abuse, that they have bailed out, by introducing them to a program that will help them “kick the habit” and get clean. This is considered going the extra mile to give someone another chance at life.
The general persona of a bail bond agency is the rough and tough strong arm, but the truth of the matter is that a greater number of bail bondsmen are honest and trustworthy. The best way to know who you’re dealing with is by asking questions and getting clear, concise answers. Even though, when you call a bail bond agency, you are probably filled with emotion and stress, you need to be as focused as possible to make sure that you understand the process and what you have to personally deal with to get the bond posted. Also remember, that you could be taking a risk too because you, as the co-signer, are “guaranteeing” that the defendant will show up for all their scheduled court dates, or you could lose money in the process as well. It’s pretty straight forward and you’ll know if someone is selling you something you don’t want to buy.
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