A BRIEF, BUT FASCINATING AND FACTUAL OVERVIEW OF BAIL

Bail is security deposited with a court in order to obtain the release of a defendant to guarantee that the person will appear to stand trial.

Depending upon the state, a bail agent's bond is a contract guaranteed by a surety insurance company or by personal property assigned to the state.
Bail is guaranteed by the 8th and 14th Amendments to the United States Constitution.   The founding fathers laid the basis for the Bail Industry in our Bill of Rights.
In 1998, private bail managed more than 2.5 million people through the criminal justice system in the United States.

Private bail produces the appearance of more than 93% of its clients in court at time of trial and more than 99% ultimately.   The bail agent is personally and financially responsible to the court.

Private bail helps keep our court systems running efficiently by ensuring the appearance of the defendant.
Bail operates at no cost to the taxpayers.  It is the original public/private partnership.
Professional bail agents are generally small business owners, running family owned companies.   Forty-five percent of bail agents are women.
Bail agents are licensed by the authority of the states in which they operate.   While laws in each state may vary, there are specific criteria agents must meet in order to retain their licenses.
Bail enfororcement agents are non-licensed independant agents.   They specialize in the retrieval of "skips" - persons who have skipped bail.

While the number of self-proclaimed bounty hunters may be growing, it does not follow that their use by licensed bail agents is increasing.   Florida prohibits retrievals by bounty hunters.   Mississippi, Colorado, Nevada, North Carolina, Indiana, Connecticut, Arizona, California, and Tennessee are among several states that have adopted laws regulating retrievals by bounty hunters.   These laws were passed with the full support and involvement of the licensed bail industry in these states.


A bail bond is an appearance bond, a document of obligation placed with the court to secure the release of a defendant.   This bond guarantees that a defendant will appear in court whenever, and as many times, as the court demands until the charge or charges stated on the bail bond are adjudicated.   If the defendant fails to appear before he court as instructed, the bail bond becomes due and payable to the court for the face amount stated on the bail bond.

Bail bondsmen do all of the following:

  1. Save money - We actually save taxpayer dollars by reducing the population in the already overcrowded jails and the daily costs associated with them.  By some estimates, to house an inmate costs $35 per day.   This cost translates to millions of dollars in annual savings.
     
  2. Save families - We also save families by allowing the accused to return to work and continue supporting his/her family while awaiting a court date.   Many of these families live from paycheck to paycheck and would suffer substantial financial setbacks if their spouses were forced to remain incarcerated for months while waiting for their court appearance.   These same individuals would also tend to forget their court dates if they were not concerned about being back in jail without bond by the bonding company.
     
  3. Provide jobs - Yes, we provide jobs for people who pay taxes and support families.  All at no cost to the taxpayer.
     
  4. Ensure the public that individuals out on bond actually appear in court to answer for their charges - The right to bail in criminal cases is guaranteed by the Constitution of the United States, Article 1, SS20.  Its objective is not to be a revenue measure in lieu of fine, or one to punish sureties.   It is meant to ensure the appearance of the accused before court by a bondsman diligent in returning the defendant to the court's jurisdiction.   State v. Mullen, 66 Wn. 2nd 256, p.22d991 (1966).  When bondsmen return bail skips to court, they are keeping our streets safe by not allowing criminals to remain there.

 

 


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