How to Select a Bail Bond Agent

When a person is arrested, he is granted a bail hearing, during which a judge sets the amount of and conditions of bail. Sometimes, a judge will only release a defendant on a surety (or bail) bond or sets an amount higher than a defendant or his family is able to pay. In such a case, a defendant and his family members will often need to select a bail bond agent to help post bail. Also known as a bail bondsman, a bail agent's job is to pay or pledge the amount of the bail after entering into a contract with the defendant and his family.

Instructions

Difficulty: Moderately Easy

Things You’ll Need:

• Collateral
• Information about the defendant, bail amount and charges filed

1. Check with the courthouse or jail to see whether it maintains a list of local bail bond agents. The agents on such a list have most likely proven themselves to be reliable and reputable.
2. Ask the defendant's attorney whether there is a particular agent with whom she prefers to work or has worked in the past.
3. Select a licensed bail bond agent. Ask to see the agent's license and other identification if he doesn't show it to you or if it is not prominently displayed in his office. Licensed agents are regulated by state and federal guidelines in terms of rates and other protocol.
4. Take inventory of what you have that can be used as collateral. Since the agent and her insurance company are providing the bail to the court, it is necessary to have something of value to put in her legal control. If the defendant fails to show at her court appearance, the collateral can be sold to cover the cost of the forfeited bond.
5. Determine what type of collateral various agents will accept, and select one who will take what you have to offer. Some agents will only use property or real estate as collateral, but others are willing to take stocks, bonds, credit cards, valuable jewelry or other items of value.
6. Read a copy of the contract into which you enter, asking for clarification if there are things you don't understand. Ask for a copy of the contract as well as a receipt detailing the transaction.
7. Provide the bail bond agent with the name of the defendant, her booking number and where she is being held. Additionally, the agent will need to know the exact amount of the bail and the charges the defendant is facing. All of this information makes it easier for the bail to be paid and the defendant to be released promptly.

Tips & Warnings

• A bail agent may ask questions about the defendant to determine the likelihood that he will adhere to his bail conditions. Be prepared for the fact that an agent has the right to refuse to provide a bond if he feels he will lose his investment or be in the position of having to hunt for a defendant.
• Expect to pay a fee. Most agents are allowed to charge 10 percent of the bond fee in addition to collecting collateral.