The Role of Bail Bonds in the Criminal Justice System: A Closer Look

Bail bonds within the criminal justice system are important because they allow the release of individuals from jail until the trial takes place.

05:43 19 February 2025

When someone is arrested, family members or friends may be wondering when or how they can be released. Bail bonds within the criminal justice system are important because they allow the release of individuals from jail until the trial takes place. Understanding the way bail bonds works ensures timely release of a loved one in the unfortunate event of an arrest. Let’s explore how bail bonds work within the criminal justice system.

Bail Versus Bond

Once an arrest is made, the court will determine an amount of money required to pay to the court for the individual to be released. Typically, the amount of bail is determined based on the severity of the crime or, if the crime is severe enough, the judge can forgo bail altogether. Once a bail hearing takes place, the individual must pay the bail in full if they desire to be released from jail and promise to attend all court hearings. If the individual personally pays the bail, a bonding company does not become involved. If an individual cannot pay the bail in full, a bonding company will pay the bail amount so that the defendant can be released from jail until the court date. Typically, a nonrefundable amount, around 10% of the bail is owed to the bondsman in exchange for the services provided. A bondman is the person who will post the bail and be the middleman between the court and defendant until the appearance date.

Court Appearance

If a bail bond is secured, the bonding company and bondman take responsibility for ensuring the individual appears in court. If the defendant does not appear in court, a warrant is issued for their arrest and the bondsman will search for the person, re-arrest them when found, or force them or the indemnitor which is the cosigner on the bail to pay the bond in full to the bonding company. When acquiring the bail bond, bondsman may ask the defendant or indemnitor for collateral in the form of property or vehicles in the event the defendant does not show up in court. The collateral will be utilized and sold for cash to pay for the bond if the defendant misses court and does not pay the bond off in the required time.

Final Thoughts

While an individual may have the means to post their own bail, accessing funds from jail may be difficult, plus a bonding company can typically arrange for an individual’s release sooner than if they try to post bail on their own. While there is a fee associated with the bail bond, many bonding companies offer payment plans and other ways to accommodate. Understanding how bail bonds work before one finds themselves in a jail can make an already difficult situation less stressful. Finding a trusted bail bond company with favorable reviews, proper licensing, and experience is key when looking to purchase a bail bond.