Bail Bonds: The Complete Guide - Aaron Delgado & Associates

Bail Bonds: The Complete Guide

by Aaron Delgado
06/17/20 (Updated: 09/10/21)

For anyone who has watched movies and TV dramas about people being arrested and going to trial, "bail" is a very common term, but it is rarely explained exactly what bail is or how the process works.

If you are interested in learning more about what a bail bond is, how bail bondsmen operate, and the entire bail bond process, then our Bail Bond Complete Guide is the resource you need.

bail bond

Table of contents

What are Bail Bonds?

Let’s begin by defining the term “bail.” When the suspect in a crime is in police custody and is in the process of awaiting their court hearing, it is possible for them to be temporarily released upon payment of a sum of money paid to the court. This event happens after the arrest takes place, but before their court date. Once the accused has their day in court, the money is then released back to the party which paid it. This process and fee, which differs by state, is referred to as bail.

Bail Schedule: Flagler, Putnam, St. Johns & Volusia counties

The companies which pledge funds as a surety that a person accused in court will appear at their next court date are called bail bond agencies. Traditional loan institutions and banks virtually never provide bail money. This is where bail bond agencies come into play, as they are in the business of taking on this type of risk to help the accused.

Friends and family of the accused will frequently work through the bail details with a bail bondsman to be able to achieve the release of the defendant, often within hours after the bail amount has been set.

Who Has the Right to Bail?

Generally entitled to bail, is any person who has been charged with a non-capital crime. The laws for bail vary by state, and are applied to ensure that anyone accused of a violent crime remains in custody until their court hearing if they are found to be a flight risk or continual danger to the public. For everyone else, bail should be granted and not denied. The amount is the only thing that will vary by state.

Are Bail Bondsmen Common?

The idea of bail is not uncommon throughout the world; however, the system that the United States has in place, where the commercial bail industry has a monetary stake in the bail system, is incredibly rare. In fact, the only two countries in the world which feature a cash bail system dominated by a commercial bail industry are the US and the Philippines.

Different Types of Bail Bonds

Cash Bond This is the easiest form of payment. The accused pays the entire Bail amount to the courts in cash (though occasionally by check or credit card if allowed by the county court).

Federal Bail Bond If the defendant has been accused of a federal or interstate crime, a federal bail bond must be posted for release. Federal Bail bonds regularly come with a higher cost and additional collateral required.

Surety Bond A surety bond is what is being used anytime a Bail bondsman comes into play. This involves a third-party agent filling in to pay the bail bond for the accused should they fail to attend their court date.

Citation Release A citation release is a written notice provided by an arresting officer, where the accused is not taken to jail following their arrest and is allowed to go home. All they are required to do is show up for their court date. You usually only see these issued surrounding minor crimes.

Property Bond In the case of a property bond, a property is put up in place of cash, and the courts may be able seize the property should the defendant fail to appear in court.

Personal Recognizance Release This type of release is often granted if the defendant is not considered a danger to the community or a flight risk, and generally applies to those who are accused of committing minor crimes. No Bail money is required.

Immigration Bail Bond Anyone who has been detained for immigration reasons will need an immigration bail bond. Otherwise, it works the same as a standard surety bond, though it's often set a bit higher than most bail amounts due to it being a federal crime.

The Bail Bond Process

bail bond process graphic

How Much Does It Cost for a Bail Bondsman?

Calculating a Bail bond is often quite straightforward, as the cost to post a bail bond is usually 10% (which is non-refundable) of the total bail amount. As an example, if the bail amount is set at $100,000, you would need to pay $10,000 in premiums to the bond company for posting your bail.

Types of Collateral for Bail Bonds include:

  • Jewelry
  • Credit Cards
  • Cash
  • Checks
  • Guns
  • Laptops
  • Small Electronics
  • Guitars
  • Signature of a Home Owner

For lower risk defendants, Bail bondsman can be more flexible with their collateral requirements. Oftentimes, they will accept your signature, as long as you have a job and a checking account.

Find a Florida Bail Bondsman Near Me

Bob Barry Bail Bonds
Phone: (386) 258-6900
Address: 3801 West Int'l Speedway Blvd., Daytona Beach, FL 32124

Linda’s Bail Bonds
Phone: (386) 322-2299
Address: 2090 S Nova Rd, Suite AA12, South Daytona, FL 32119

1st Coast Bail Bonds
Phone: (386) 603-1213
Address: 1635 S Ridgewood Ave #224, South Daytona, FL 32119

One Way Out Bonds
Phone: (386) 492-2462
Address: 721 Ridgewood Ave #2, Holly Hill, FL 32117

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