Why Do People Use Bail Bonds?

What is Bail?

In the event that an individual – or individuals are arrested on criminal charges, they will be required to undergo an arrest process, which involves the presentation of the initial charges, the apprehension of that individual, and the subsequent processing that takes place within the respective law enforcement agency facility.

In certain cases, an arrestee will be given the opportunity to post bail, which is a legal instrument that allows the arrestee to make a payment to the court in lieu of remaining incarcerated prior to the trial; the amount of bail required will typically depend on a variety of factors, ranging from the nature of the crime to the arrestee’s past criminal records - bail is required as an insurance policy taken out by the jurisdictional court.

The presumption latent within a bail payment – fulfilled by personal resources or the attainment of Bail Bonds – is that this payment will ensure that the arrestee will appear in their respective court hearing subsequent to a conditional release; upon appearing at their hearing, the bail payment is returned to the arrestee who had made the payment – however, the presentation of an opportunity to post bail is left to the discretion of the presiding court.

What are Bail Bonds?

In the event that an arrestee is unable to satisfy the required bail payment, they may be eligible to borrow the necessary funds from an institution specializing in the provision of Bail Bonds; Bail Bonds are provided as surety loans that can vary in requirements for an initial payment - Bail Bonds percentage rates can range from %5 to 50% depending on the gross amount of the required bail payment.

Upon the repayment of bail to the arrestee who has appeared at their hearing, the bail payment is then transferred to the Bail Bonds institution. In certain cases, a form of collateral will be expected to be exchanged for the Bail Bonds dispersed by that institution; this is in addition to the required initial payment.

Terminology Associated with Bail Bonds

The following terminology is commonly associated with Bail Bonds and financial restitution with regard to the arrest process: Surety Bond: A Bail Bond is considered to be a surety loan or bond, which is defined as a loan offered that includes additional insurance for the satisfaction and repayment of that loan. While certain loans involve 2 parties, the lender(s) and the borrower(s), Bail Bonds involve 3 parties; these parties are classified as the principal, the obligee, and the surety:

The principal is defined as the individual borrower who has requested the Bail Bonds in question

The obligee is defined as the institution dispersing funding in the form of Bail Bonds; this is also considered to be the lender of the loan

The surety is defined as a cosigner, or supplementary form of insurance to substantiate the awarding of Bail Bonds in addition to securing repayment; in the event that the principal refuses to repay the Bail Bonds borrowed, the surety will be responsible for repayment