Key Takeaways
- Every bond process begins with the arrested person’s name and the county of arrest.
- A judge decides the bail amount and sets any conditions of release.
- Through a bail bond, a licensed agent posts a surety bond for the defendant.
- Florida sets the standard premium at 10% of the bail amount on a state bond, while a federal bond carries 15%.
- Whoever signs for the bond may be responsible for seeing that the defendant follows its terms and attends court.
- A missed court date can put the bond at risk of forfeiture.
When someone is arrested, one of the first things family members often want to know is, “How can we get them out of jail?”
That is where bail comes in. But if the bail amount is more than the family can comfortably afford, a bail bond may offer another way to secure the person’s release while the case moves through court.
So, how do bail bonds work? A licensed bail bond agent posts a surety bond with the court on the defendant’s behalf, and the defendant may be released while the case continues. No two cases are identical. Even so, the bail bond process moves through a fairly steady set of stages. Anyone who arranges the bond also accepts certain obligations.
How Do Bail Bonds Work Step by Step?
1. The person is arrested and booked
The process starts with an arrest. At booking, officers record information about the person and the alleged offense. The next move depends on the charge and whether bail can be granted.
At this point, family or friends may start looking into bail options.
2. The court sets bail
Bail is not simply a price tag attached to an arrest. The amount and conditions are determined through the legal process.
Several things shape the amount a judge sets. These include the charges, the defendant’s prior criminal history, ties to the community, and the risk of flight. The aim is simple. Bail gives the defendant a reason to attend all court hearings. With the amount decided, the family has two options, paying the court directly or working with a bail bond agent.
3. A bail bond agent is contacted
If paying the entire bail amount is not practical, a family member, friend, or another representative can contact a bail bond company.
The agent will usually need basic information, such as the arrested person’s name and the county where the arrest took place. This information is typically enough to get the initial process started. The agent can then walk through the bail bond process, including the paperwork, payment, and other requirements for the particular bond.
4. The bond paperwork is completed
This is where the financial agreement comes into play.
The person arranging the bond becomes the indemnitor, often called a cosigner. An indemnitor accepts certain responsibilities related to the bond.
Based on the circumstances, the bail bond company may ask about employment, finances, residence, and sometimes collateral. Not every bond requires collateral.
In some cases, bail can be secured through a signature, stable employment or income, and a stable residence.
5. The premium is paid
Before agreeing to anything, ask what the total cost will be. The Florida Department of Financial Services lists the standard premium on a Florida state bond at 10% of the bail the court sets. A $20,000 bail, for example, carries a $2,000 premium. Because Florida law fixes this rate, an agency has no room to charge a figure of its own. Federal bonds are set higher, at 15%. Collateral and payment plans may add other costs, so raise those questions early.
6. The bail bond is posted
After the paperwork is completed and the payment is made, the agent files the bond with the proper court or jail. This is where the main difference lies between posting bail in cash and using a surety bond. With a surety bond, the bail bond company guarantees the bail amount to the court. As a result, the family does not need to pay the entire amount upfront. Florida law allows a surety bond to satisfy a monetary bail requirement.
7. The defendant is released
Once the bond has been accepted and the jail completes its release procedures, the defendant can leave custody.
Release is not the end of the matter, though. The defendant still has to follow the conditions of release and attend required court hearings.
This is where people sometimes get the wrong idea about bail. Getting out of jail does not mean the criminal case is over. The case continues unless and until it is resolved through the court process.
8. The defendant must appear in court
Anyone released on bond has two main duties. The first is to attend every scheduled court date. The second is to follow the conditions of release, which stay in place while the case moves forward. Missing a hearing can put the bond at risk and may bring additional legal consequences, and the indemnitor may face financial consequences under the bond agreement as well.
That is why anyone signing a bond should understand what they are agreeing to before moving forward.
What Happens to the Bail Bond After the Case?
A bail bond is connected to the defendant’s obligation to appear in court. What happens after that depends on how the case and bond are resolved.
The bond may remain in place while the case moves forward. When the court releases the surety from its obligation, the bond can come to an end.
The premium is different from the bail amount itself. According to the Florida Department of Financial Services, the premium is “earned upon the posting of the bail bond on behalf of the defendant.” Be sure to read your contract, since not all premiums are treated equally.
How Do Bail Bonds Work in Florida?
The general concept is the same as described above; however, Florida has its own legislation concerning the premium rates and bail bond agents.
For a Florida state bond, the standard premium is 10% of the bail amount. Federal bonds are generally charged at 15%.
Florida also regulates bail bond agents and their rates under Chapter 648 of the Florida Statutes.
If you are dealing with an arrest in Broward County, having the person’s name and the county where the arrest occurred can help get the conversation started. A-Alternative Release Bail Bonds provides bail bond assistance around the clock and can begin the process by phone, email, or in person.
For more information, you can also review how our bail bond process works.
Frequently Asked Questions:
How does a bail bond work?
A bail bond allows a person to wait for trial at home instead of in a jail cell. Rather than finding the full bail amount in cash to pay the court directly, you can work with a licensed agent who posts a surety bond with the court.
How much do bail bonds cost in Florida?
For a Florida state bond, the standard premium is 10% of the bail amount. Federal bonds are generally charged at 15%.
What occurs if the defendant skips court?
Failing to appear before the judge puts the active bond at serious risk and may lead to further legal problems. The person who signed the paperwork should contact the agent as soon as possible to discuss the next steps.
Conclusion
An arrest in the family is not an easy thing to face, but securing the release of a loved one is possible. Contact the jail first to know how much bail there is to post. After that, talk with the bail bond agent regarding the premium and additional costs involved. Be certain to read everything in the agreement before signing on the dotted line.