Hiring a bail bondsman is risky, so it is important that you know what you are getting into before you sign over any property or forfeit any funds. In most states, you have the right to an affordable bond, and it will be possible to bail a friend or family member out of jail without having to go into debt.
When the bail is set for the release of the defendant, you have the option to pay the full bail, hire a bail bondsman, or allow the defendant to do the time. If the defendant has a family to take care of or a job to get back to, it might be crucial that they get out of jail as soon as possible.
If you can afford it, posting the full bail amount is a viable option. If the defendant shows up for court dates, the full bail amount will be returned.
Please Note: It takes approximately 12 weeks to receive cash bail back, once the case is resolved. If bail is forfeited, for any reason, there will be no return regardless of the reason it was forfeited. This is one very good reason one may choose to go with a bail bond rather than cash bail.
Hiring a bail bondsman means that you will only have to pay 10 percent of the bail, rather than the full bail amount; however, you will not get this sum back even if the defendant does show up for court. The bondsman will put up the full bail in the form of a surety bail bond keeping the “premium” as their fee for the service. If the defendant does not show up for court and the bail bondsman is unable to get the defendant back into court within the time required by law, then the signer “indemnitor” becomes responsible for the full bail amount plus any applicable fees.
Many people believe that the defendant will be responsible for the money, not realizing that they could easily lose their homes or other property. This is why it is important to only post bail for someone you can completely trust.