What is a Bail Bondsman or a Bail Bond Agent?

A Bondman is a person or company that will act as a surety and guarantee the appearance of the defendant in court.  Bondsmen have agreements with local courts and the sheriff to operate in a particular county and must post money with the court to be used if the defendant fails to appear.

The bail bondman promises to pay the full amount of the bond if the defendant does not appear in court.  In exchange, the bondman charges a fee.  Usually, this amount is 10 to 15 percent of the bond.  This 10 to 15 percent fee is not returned at the end of the case and is how the bail bondman stays in business.  The amount a bondman can charge is usually set by law and varies from state to state.

If the defendant fails to appear in court then a bondman can force the defendant to come to court.  Sometimes this is done by using the services of a bounty hunter or by the bondsman themselves.  The law on the use of bounty hunters and how and when a bondman can apprehend a “bail jumper” varies from state to state and is illegal in some states.

While no one wishes to part with the fee a bail bondman will require it can be a good option if you are asked to help a friend or relative get out of jail.  By using a bail bondman instead of putting up a cash or property bond, you shift the risk of the defendant not appearing in court to the bail bondsman.  To find a bail bondsman look in the phonebook or online.  Each county has a list of approved bondman.  Often a list of approved bondsman is listed at the local jail.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

What is a Bail Bond? 

What is a Bail Bond?  A Bail Bond is an amount of money or property put up by the person arrested or by a bail bondman to ensure that the defendant will if released appear in court.  The main types of bond are as follows.

A Cash Bond or cash Bail is when the person arrested pays the entire amount of the bond to the Court or to the local Sheriff.  For example, if the bond is $10,000 then the person arrested or someone on his/her behalf must post the entire $10,000 usually plus a processing fee.  This amount will be returned once the defendant’s case is over.

A Bail Bond or surety bond is used when a person cannot afford to pay the entire amount of the bond.  This is usually done by the person arrested obtaining the services of a Bail Bondsman.  The bail bondman promises to pay the full amount of the bond if the defendant does not appear in court.  In exchange, the bondman charges a fee.  Usually, this amount is 10 to 15 percent of the bond.

A Property Bond is when a defendant or another person provides real property (land or a house) instead of cash to get a bond.  However, if the defendant fails to appear in court then the property can be lost to the court.  The rules for using property bonds vary by locality.  Usually, the property must be in the State where the Defendant is arrested.  For example, if arrested in Catoosa County the property used must be in the state of Georgia.

An O.R. or Own Person Recognizance Bond is when a Judge allows a person to be released without bail being posted.  This is usually done when a person is arrested for a very minor crime or when it is very unlikely the person will not appear in court.  Sometimes this is also done because the defendant has health problem, is pregnant or for reasons of compassion.  Needless to say, it is uncommon.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

How is a Bail Bond set?

When a person is arrested for an alleged crime, the person is taken to a police station where they are “booked”.  This booking process usually involves the person giving the police officer his/her address, phone number, age, date of birth, physical appearance and so forth.  Usually, a criminal background will be run to see if the person has any outstanding warrants, fingerprints and mugshots will be taken.  The booking officer will note any property taken from the person arrested and then usually the person will be allowed to make a phone call.

What then?  Does the person languish in jail awaiting trial?  Usually, the answer is no.  For less serious crimes (misdemeanors), a person may have a bond set automatically.  For example, if you are arrested for Driving on a Suspended License you may be able to make bond and be released almost immediately after you are booked.

For more serious crimes, the person arrested may have to wait (usually less than two days) until a Judge sets a bond.  In Georgia, a Magistrate Judge usually does this.  In Georgia, a Magistrate Judge can set a bond for all but the most serious of criminal offenses.  This is sometimes called ‘First Appearance”.  The person arrested makes a “first appearance” in front of the Judge and the Judge sets a bond.  In these situations, an attorney is not necessary to have a bond set.  However, an attorney can speed up the process and request the Judge to lower the bond.

For the most serious of crimes (felonies), a Superior Court Judge must set a bond amount.  When deciding on an amount the judge will consider the defendant’s criminal history, the nature of the crimes, the defendant’s ties to the community, the risk that the defendant is a flight risk and most importantly if the defendant is a danger to the alleged victim or the community.

For these, more serious crimes an attorney is often needed to file a motion for the court to set a bond.  Sometimes, a defense attorney must argue at a bond hearing for the Judge to set their client a bond.  At these, bond hearings the District Attorney may argue to deny bond or request the Judge set a high bond.  If the person is on probation or parole his or her bond may denied altogether.

How the process of getting a bond set varies from state to state and from county to county by law and local practice.  For example, in some places there is bail schedule that recommends the amount to be set for each crime.  In other places, the amount set may be more arbitrary.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.