Keep Bailing

Bail Bonds Demystified

If your friend or family member is arrested, they could be stuck in jail for days, even weeks.  Posting bail is a fast, easy way to get them released until they must return to court.

You may already know that a bail bondsman is the person who goes to the jail to secure that release with a bond.  But do you actually know what a bail bond is and how it works?

A Bail Bond Is…

A bail bond is a paper document, much like a bank check, that is recognized by our courts.  People should not write checks unless they have provided enough money in their bank account to cover them.  A bail bondsman also makes a monetary promise that says: I guarantee the defendant will appear in court whenever a judge requires, on a specific date and time, or I will cover the entire amount of his bail.

Responsibilities When Co-Signing

But this promise is too risky for a bail bondsman to make alone, so they only post bonds after a defendant, friend or family member contacts the bondsman and agrees to become the bond’s co-signer, or “Indemnitor.”   By signing a bail bond contract, Indemnitors also guarantee to help find the defendant if court is missed or pay the full amount of the bail, if the individual cannot be found.

An Indemnitor has to be in a position to offer a bail bondsman something in return if the defendant misses court.  The bondsman considers the character of his co-signer up, making a calculated judgment call based on his experience.  He often asks potential Indemnitors if they have a job and for how long.  Do they have good credit? Are they homeowners? Etc. Etc.  The questions a bondsman asks help him determine whether or not they are the kind of stable, trustworthy people he is willing to write a bond for.  In addition, an Indemnitor’s involvement encourages the defendant to remain committed to his part of the bargain.  Let’s face it, who wants to stiff someone they care about, that helped get them out of jail?

Bondsman Responsibilities

The minute a defendant is released, the jail no longer has authority over him.  He is now considered to be the property Read more »

Oh, the ever weaving web of criminal ways in the jail system. Even honest bail bondsmen, who help people get out of jail and provide a necessary public service can’t seem to escape it. 

It seems there are inmates behind bars in Orange County, aptly called “shot callers.” These people are known associates of criminal gangs who are allegedly allowed by OC jail guards to run certain areas of the jail. They believed by some to be running an elaborate bail bonds scheme. 

Reportedly, these “shot callers,” tell defendants to go see certain ‘preferred’ bail bondsman for their bond. Once these defendants have been bailed out, the “shot callers” are in-turn, given ‘kickbacks;’ a percentage of the bail money from certain dishonest bail bondsmen.

However, there are three Orange County bail agencies who are not taking this illegal practice Read more »

If you are having ideas for a new career like many people these days, maybe you’d like to know how to become a bail bondsman. It probably seems like easy money: answer the phone, collect 10% of the total bail amount, post the bond… “next!” Before you take any of the steps necessary in getting licensed by the Department of Insurance (yes, you will have to pass a test), you might want to take a look at the life of a bail bondsman.

(Assumedly, you already know how bail bonds work, so I’ll skip those details.) In order to survive as a bail bondsman, be prepared to be on call 24 hours a day, 7 days a week, 365 days a year. Any good bail bondsman or company will tell you, the entire livelihood of the company is generated from the 10% premium of the bail that is written. If you are not willing to take calls on Saturday morning at 3:00am, you probably won’t be in business for very long.

Additionally, doing all the necessary technical steps to becoming a bail bondsman are very straight forward, but Read more »

Segars had been out on $100,000 bail bond. While out on bail, the bondsman guarantees to the court that the defendant will show up in court. In this case, Segars did show up for court and plead guilty to first degree burglary, financial elder abuse and diversion of construction funds. He did not, however, show up for sentancing on June 24.

When a defendant doesn’t show up for court – called “failure to appear,” Read more »

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.

1. 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, Read more »

Bail bonds are a critical part of the Criminal Justice System,” began Scott Steiner, Deputy District Attorney for Orange County Superior Court and judicial candidate as he addressed the July monthly meeting of the Orange County Bail Agents Association (OCBAA). He added that many see bail as an after thought in a case, but every single case involves bail at some level.

Mr. Steiner wanted to make sure that local bondsmen knew Read more »

Imagine you’re a criminal defense attorney and you receive a 3:00 AM call from an arrested client. “I’m in jail—get me out”, demands your client!  “But I’m not acquainted with a bail bondsman,” you humbly reply.   Your client responds, “You’re a criminal defense attorney–what do you mean you’re not acquainted with a bail bondsman! That’s like a dairy farmer who’s not acquainted with a veterinarian.”

If you’re an attorney, it makes sense to develop a close relationship with a professional bail bondsman. Ok, so maybe you’re not an attorney. You still might want to know a good bondsman. Here’re a few reasons why:

• A quality bondsman can do many extra Read more »

Oregon: Go To Jail, Stay There

As a former Oregonian, I find it interesting that the state legislator is finally considering allowing bail bond companies to operate in the state of Oregon. While Oregon alllows for bail, bail bond companies have been unable to operate in Oregon since 1974. Only four states in the US do not allow bondsman. HB 2682 would require an interim committee to study the issue prior to the next legislative session. Allowing bondsmen should allow more people to get out on bail while being overseen by bondsmen, relieving pressure in jails while providing assurances for return to court.

Oregon: Skipping Bail? Go There

Apparently, HB 2682 specifically is written to permit sureties to offer commercial surety release (or, in plain English, bondsman can provide bail bonds for a fee). Unfortunately, Oregon’s fugutive laws Read more »

Whether you’re getting ready for Summer vacation or you travel abroad on business, you have probably watched carefully the story of reports Euna Lee and Laura Ling, sister of news correspondent Lisa Ling.

Being arrested abroad is a serious situation. Other countries don’t offer the protection that the United States offers.

Read more »

We hear it almost everyday: “What’s your rate?” or ”Can I get a bond at 5%?”

We know when someone calls and starts with those questions, we probably aren’t going to write the bond. How do we know? We know because the legal bail rates in California are clear. The people we deal with for bail are concerned with our professionalism and how quickly and efficiently we can get their situation settled. They aren’t looking to do business illegally.

So why do people who need bail call with such questions? One word: “Undercutting.” This is the term used for the practice of offering illegally low rates on bail. It’s a major problem Read more »