What Is the Difference Between a Bail Bondsman & a Bonding Agency?
Bail is the amount of money that a court requires of an offender to release them from jail until their court date. As most defendants do not have or do not wish to provide the full bail amount in cash, they contract the services of a bail bondsman. A bonding agency employs or works with a bail bondsman to provide bail bonds for those who need them.
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Bail Bondsman
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A bail bondsman agrees to pay the bail of a defendant to the court in exchange for a fee. Usually, the fee charged is 10 percent of the full bail amount. Thus, if bail is set at $10,000, the bail bondsman fee is typically $1,000. This amount is nonrefundable, regardless of the disposition of the case.
Bail Procedure
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When bail is paid, the court holds the bail money for the defendant until the conclusion of the court proceedings. If the defendant has appeared at all required court hearings, then the bail money is refunded after the case. However, if the defendant missed a court date, known as "skipping bail," then the bail amount is immediately forfeited, and the defendant becomes a fugitive.
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Surety Bond
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A surety bond is the mechanism by which a bail bondsman can bail clients out of jail. Rather than paying the full amount of bail to the court, the bail bondsman contracts with a surety bond company to guarantee payment to the court in the event the defendant does not appear for his court date. If the defendant fails to show, then the surety bond pays the court the full bail amount, and the bail bondsman is responsible for paying the surety bond company.
Bonding Agency
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A bonding agency acts as the intermediary between a bail bondsman and a surety bond company. The bail bondsman informs the bonding agency of all the particulars regarding a case, and the bonding agency in turn requests a bail bond from the surety bond company. Often, the bonding agency is the direct employer of the bail bondsman, and in the case of sole proprietorships, the bonding agency can actually be the bail bondsman.
Bounty Hunters
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Some licensed bail bondsman have the additional authority to seek out fugitives and return them to prison. Known as "bounty hunters," or more properly bail enforcement agents, these bondsmen act to protect the bonding agency from being forced to pay the full amount of the bail bond.
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References
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