Specifically, according to Princeton University’s WordNet, Bail (as a noun) is: ”the legal system that allows an accused person to be temporarily released from custody (usually on condition that a sum of money guarantees their appearance at trial).”

And, Bail (as a verb) is: “secure the release of (someone) by providing security.”

Both “Bail” and “Bail Bonds” accomplish Bail as a verb – they get the defendant out of jail while they await court. Let’s see if we can clarify…

Bail

Without a bondsman, a individual can take cash or a cashier’s check to the jail clerk, pay the full bail amount and the defendant will be released. This is often called a ”cash bail” and a bondsman is not needed in this case.  But be advised, if the bail is very high, let’s say $100,000 for example, the court may want verification of the source funds prior to the release of the defendant.

It’s also important to remember, that if the individual fails to appear in court as ordered; or they violate the conditions of their release, the cash bail can be forfeited. Unfortunately, the person who put up the money can lose the entire amount of cash bail posted if this situation does occur.

When the defendant does fulfill all court obligations, and does not violate any condition of their release at the conclusion of the case, the funds will be returned (less any fees or fines ordered by the court).

Pros of Cash Bail: Once the defendant completes all requirements of their case and the bond is exonerated, the bail money is returned.

Cons: Coming up with the full amount of the bail can be difficult, especially during this tough financial climate. Bail amounts can reach an excess of $100,000. Even at smaller bail amounts, say $25,000 (the average in Southern California) many people have that kind of money sitting around in their bank accounts.

Bail Bond

A bail bond is otherwise known in the insurance industry as a “Surety Bond.” It is, in general terms, a paper ’power of attorney’ which a licensed bail bondsman uses to have the defendant released from jail. The bond writing process is a contractual undertaking, which is also guaranteed by the bail bond companies’ insurance company.

Essentially, the bail bond company, along with the Indemnitor (the person signing the contract with the bondsman), guarantee the court they will ‘make good’ on the bond in case of a forfeiture; (which means, the defendant failed to appear for their mandatory court appearances and cannot be located within 6 months). If that happens, the Indemnitor would be responsible for any fees incurred in the recovery of the defendant. And, if the defendant cannot be located, the indemnitor would be responsible for the full amount of the bail.

Pros of Bail Bonds:  The bail bond costs only %10 of the total bail amount. If the bail is set at $10,000, the Indemnitor would only pay the bail bondsman a $1,000 premium to have the defendant bailed out. This makes it financially achievable for many families and individuals, where large cash bail amounts are not readily available.

Bail Bonds are often also quicker. Let’s take the $10,000 bail. Most people don’t have that kind of money at 2 AM on a Sunday or 2 PM on a Tuesday, for that matter. A bondsman will be available 24 hours a day. An experience bondsman can often get a bond processed in less than an hour.

Cons: The premium amount is non-refundable. The premium is earned by the bail company at the moment the defendant has been released from jail. Even if the case is dismissed, or the charges were dropped, the money paid for their release is not returned.

In summary, there are several options when it comes to having someone released from jail. It’s always best to consult with an expert in the bail industry to find what option would work best in your individual circumstance.

With this new offer, Polanski and his attorney’s have requested the Swiss Court reverse the government decision which declines his bail all together. However, they continue to turn down his appeals, stating his flight risk is “still too high.”  Polanski still holds citizenship in both France and Poland.

The amount of the recent offer made to the Swiss Criminal Court was not made public, however the Justice Ministry reportedly stated the offer was turned down because it lacked the cash to ‘guarantee the transaction’ — even though, Polanski included several guarantees he would not flee if he was released.

To add a cherry-on-top, Polanski graciously offered collateral in the form of his Swiss ski resort chalet in Gstaad as part of the deal. Unfortunately, that didn’t hold any water as the offer was ‘not up to par’ with legal requirements. Legal experts in Switzerland state there is little hope he will be released without a strong cash guarantee.

Cut to December 10th, 2009 which is the date the California Second Court of Appeal will hear arguments which involve the 1977 dismissal of Polanski’s sexual assault charges. Polanski’s attorneys want the Los Angeles presiding judge to rule on their dismissal petition, without Mr. Polanski having to be present in court. 

Meanwhile, Polanski’s detention could last for months while he continues to make appeals to the Swiss Criminal and Supreme Courts against his U.S. extradition.

We’ll all have to hold on to our seats to find out how this ride will eventually play out for Mr. Polanski.

How Credit Card Bail Works

The Ventura jail phone has a toll free 800 phone number posted near the phone.  An inmate or family member can call this phone number to bail out of jail.   Here is how it works:  Let’s say you have a bail for $20,000.    This credit card bail system allows the inmate to have the full bail charged (plus a 7% processing fee for Ventura County) to a credit card.  For example, on a $20,000 bail bond, an inmate would be charged a total of $21,400 for release from jail.  Once the defendant has appeared in court, they would be refunded $20,000.  The net effect of this transaction is that the inmate would be charged 7% to be bailed out of jail.   Who gets to keep the 7%?  It seems that the county takes a cut and the “third party” unlicensed processing entity makes a nice profit.

Ventura County is not the only county in California that enables inmates to bail out using a credit card.  In fact, several states now utilize some form of this process.  Over the past several years, credit card bail seems to be spreading like wildfire.

Why is this bad for California?

1. No accountability.  What happens when the defendant “fails to appear” on a credit card bail?  What incentive does the County or State have to find the defendant?  None.  When a bail bondsman is utilized, the bondsman has the financial incentive to locate the defendant.  The bail agent is in a much better position to ensure justice and public safety. 
2. What happens when the cardholder decides to dispute the charges?  It’s not very difficult to dispute charges on a credit card.  Often, it only takes a phone call to the credit card company.  Now the County is saddled with a disputed credit card account as well as a potential fugitive.
3. It seems contrary to public policy and law.  For example, the California Department of Insurance (DOI) is the regulatory agency for bail bondsman.    In California, only licensed bondsmen are legally able to profit by posting a bail bond for somebody to get out of jail.  Credit card bail allows “third party” entities to make a tidy profit without being licensed.  It seems to skirt the licensing issues.
4. It seems to me to be predatory on unwary consumers.  Even though the customer is being charged a stated fee of 7%–that does not include the “real cost”.  What about the 2% cash advance fee charged by many credit card companies.  What about the fact that the cardholder may not be able to pay the monthly credit card bill and be charged a 10-35% interest charge?  Had the cardholder simply used a traditional bail bondman, the true cost would have likely been a solid 10% of the total bail.

I think that credit card bail is bad public policy.  It is my hope that California can find a way to abolish is completely.