4 Ways To Know A Bondsman Is Unethical
July 30, 2009
Scenario: you get a call from a friend, loved one, or worse yet, your child. “Hi, I’m in jail and I’d like to be bailed out.” What do you do? The most frequent first step is searching the Internet for an ethical or trustworthy bail bonds company. But what exactly qualifies “trustworthy” or “ethical“?
Here are four ways to know if the bail bonds companies you are filtering through might be considered unethical or untrustworthy.
- Undercutting Bail Premiums AKA Illegal Discounts: You’ve narrowed your search for a bondsman online. So you start calling to interview to see which one fits best . The first one you call sounds okay, but when you get to the point of discussing premium (the fee for the bond), they start mentioning discounts that no other bondsman will give you. Suggestion? Tell them, “Thank you for your time, I will get back to you.” Why are you hanging up on this bail bonds company? One word: “discount.” In most states, it is required by law to charge a 10% premium for bail. So if the bondsman is suggesting a discount in order to do business with you, they’re shady, unethical, and you would benefit to part ways with them. Most of the time this discount is the result of a “bait and switch” strategy by the bail bonds company. They get you in there with the “5% bail bonds” advertisement and you find out that its actually %10. The 5% is only for a down payment and the rest is financed with the bail bonds company. If the bondsman is really offering you 5% premium, he’s undercutting bail – which is illegal. The majority of ethical bail bonds companies out there will be very up front with you AND offer financing at any time, usually without interest.
- Do Your Homework: The Better Business Bureau’s (BBB) website. If the company is reputable, they will actually have the BBB link on their site and usually on the first page. Companies that go the length to advertise this type of qualification on the first page of their site are not hiding anything. Which means they are usually a well run company and strive for customer service. On the BBB’s site you can quickly find out about any complaints that have been reported. You will not find “reviews” or “recommendations”; this is not the purpose of the BBB site. Its only purpose is to provide a place to qualify trust for working with a company. Reviews and recommendations can be found on popular sites like Yelp and Merchant Circle.
- Soliciting Bail at the Jail: If you happen to visit the jail and are approached by a bail bondsman, tell them you don’t need their help. Laws prohibit a bondsman from hanging around the jails to solicit business. Even if the bail bondsman “happened” to be in the area posting bail for another client, soliciting your business is prohibited by law. So if you happen to be confronted by the bail bondsman while visiting your loved one, politely tell them to get lost. You really don’t want to be associated with them anyway, since in essence, they are breaking the law.
- Soliciting Bail By Phone: Your phone rings. You are surprised to hear on the other line, “Hi, this is Johnny of Marciano Bail Bonds. I was calling to see if I might help you with the detainee, Mark so-and-so?” My best suggestion if this happens is hang up. Why? This is likely another bondsman breaking the law. It’s illegal for a bail bondsman to “cold call” potential clients for the purpose of soliciting business. Likely, someone has gained unauthorized and illegal access to jail records and has looked you up via online investigative techniques. The law states that all bail bond agents must first be contacted by the proposed client, therefore if you get a call from an agent, and you haven’t even contacted any agents yet, hang up!
In the end, after you’ve qualified the company and it passes these Four Standards, trust your gut. Good luck!
Photocredit: © Lisa F. Young – Fotolia.com

June 8th, 2010 at 9:25 am
Ok, where do I start on this one? You have so many things that are WRONG in this piece, it boggles my mind on where to begin. So let’s start at the top: in the state of Texas, bondsmen can charge ANY fee they wish (yes, I am a licensed bondsman in Hays County, Tx). We can discount our fee to whatever we feel; we can even do it free if we wish. Also, most jail telephone service is subcontracted by a service which specializes in phone service for jail/prison facilities which normally does NOT connect to cell phones unless an account is set up with the specialty phone service provider. This translates into potential clients calling us to contact family so they can get out of jail. This is standard practice across the board. Also, almost no bondsmen offer payment plans or ‘financing’ since this creates many problems with not getting the total bond fee paid. We are recognized as a reputable biz by the BBB, despite your claims of what is unethical. You mention “illegal access to jail records.” This is absurd, as anyone’s arrest record, court record, criminal record is PUBLIC RECORD and can most easily be found for free online on most counties’ websites (Hays county’s site is http://www.co.hays.tx.us — just click on public records search and the criminal courts/civil courts/jail info is readly available to the public). So how do YOU defend the lies YOU put into this article? There is a small bit of truth as bondsmen are not able to do business at the jail itself, but you are far off on EVERYTHING else, except perhaps the BBB stuff, which is neither here nor there. So, are you a bondsman at all? I don’t think so. Four standards? What a joke.
June 8th, 2010 at 6:04 pm
Apparently, Homer, you’re unaware that California law is different than Texas. You might try plugging in to the bail industry. Many of your “points” I have difficulty abstracting from our original peice. However, California is highly regulated regarding fees. Additionally, we cannot “abulance chase” by looking on line for who has been arrested. Many, many bondsman here offer financing and payment plans. The bail here is significantly larger. Look around, hacking into computer systems and “insider information” from jail staff or others happens – that is a federal offense.