FAQs About Bail Bonds

1) How do I get a bail bond?

There are several options for getting a bail bond. The first option is to pay cash for the full amount of the bail to the court or provide collateral of real property such as a home or vacant lot. Another option is to use a bail bondsman. Lastly, a judge can decide to let the defendant go under their own recognizance.

2) Do I get my money or real property back after the case has been resolved?

Typically, you do receive your money or property back. There are a few exceptions in which you would not get it back. If the defendant gets rearrested while the case is unresolved or fails to appear in court, you forfeit the money to the courts. You also do not get the premium you paid to the bond office.

3) Can the defendant leave the state or country while under bond?

The defendant will have to receive written permission from the court allowing them to do so. If the court has given instructions that you cannot leave the state or country, you absolutely must get permission from the bond office or court. If you leave without the permission of the court, you will be subject to arrest.

4) What do bondsmen accept as collateral?

Every bondsman has their own policy for what they accept as collateral. In general, most accept cash, real estate, stocks, bonds, jewelry, or cars.

5) Are bail bondsmen police officers?

No, but they do have the ability to arrest you. They do not have to issue a search warrant or get the permission of a judge to enter a property to find the person they posted bail for. Typically, when you sign a bail bond contract, you forfeit your right to refuse the bondsmen to search your property.

6) Are bail bonds public records?

No, they are not. The fact that you were arrested is a public record and sometimes the arrest record may list the bondsmen. However, bondsmen have to adhere to a strict code of confidentiality. The information you provide them and the terms of your bond are kept confidential. Only the court is granted access to any information needed for evidence via subpoenas.

7) Can bail bonds take your taxes if you don't pay?

If you fail to pay your bondsmen, they cannot garnish your wages or taxes directly. They can file a lawsuit just like any creditor, which could result in a garnishment of wages or taxes.

8) Are there alternatives to using a bail bond?

Yes, you can pay the bail amount in full with cash or put up real estate property as collateral. However, this may not be a feasible option. Bails are often set at high prices that the average person simply does not have.

9) What happens if the defendant fails to appear in court?

If the defendant fails to appear in court, they forfeit the bail bond and a warrant is issued for their arrest. The bail bondsman may also hire a bounty hunter to track down, apprehend, and bring them to the appropriate authorities. The defendant may also be subject to additional fines and criminal charges.

10) Can a bail bond be revoked?

Yes, a bail bond can be revoked. For example, if the defendant violates the terms of their conditional release, commits another crime, or fails to appear in court, the bond can be revoked. If this happens, a warrant will be issued for their arrest.

11) Can a bail bond be paid in installments?

Some bail bond agencies may offer payment plans or financing options to help people afford bail. However, it will depend on the agency and circumstances of your case. You can discuss possible payment plans with your local bail bondsman.