Posting of a bail bond. This process involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. The bail agent guarantees to the court that the defendant will appear in court each and every time the judge requires them to.
For this service, the defendant is charged a percentage of the bail amount. Before being released the defendant or a relative or friend of the defendant, typically contacts a bail agent to arrange for the posting of bail. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court.
Typically, a family member or a close friend of the defendant will post bail and cosign. Collateral is not always required for a person to be bailed from jail. Often a person can be bailed from jail on the signature of a friend or family member. Cosigners typically need to be working and either own or rent a home in the same area for some time.
In certain types of cases, the courts can impose additional requirements that need to be met before posting the bail bond.  Specifically, the court can impose what is called a Nebbia condition on the bond which requires the defendant to prove the source of the funds.
After an agreement is reached, the bail agent posts a bond for the amount of the bail, to guarantee the defendants return to court.
If the defendant “skips,” the cosigner is immediately responsible for the full amount of the bail. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

What’s Collateral?

Collateral is something of value that’s “held” by the bail agent to ensure the defendant is present for all court proceedings. A piece of real estate, a car, a bank account – all can be considered collateral. Sometimes the signature of a qualifying co-signor will be accepted.

Will the Collateral be Returned?

A bail bond agent has a legal responsibility to safeguard all collateral. As long as the defendant has not failed to appear before the court, collateral is returned once a case is completed – whether the defendant is found innocent or guilty. A bail agent’s fee, however, is not returned; this is payment for services rendered regardless of the outcome of the case.

What Information Do I Need to Provide the Bail Bond Agent?

The full name of the defendant and where he’s in custody – you’ll need the city, state, and name of the jail.  If you can provide the booking number, this will save valuable time.