How Do Bail Bonds Work?

If you’ve been charged with a crime, you may hear the term bail bond and not understand what it means. A bail is an agreement set by a judge and defendant for the defendant to pay an agreed-upon amount to get released early from jail, and a bail bond is when a bail bondsman agrees to pay bail for a defendant.

In this guide from Utah Title Loans, Inc., we will go into more depth on what bail bonds are, why they are needed, the bail bond process, and some alternatives for bail bonds. After explaining bail bonds, we will go into how you can use a title loan to help pay court and bail bond fees.

What Is A Bail Bond?

When someone gets arrested on a criminal charge, they are put in county jail to await their court trial. The person who was arrested and called the defendant would have to pay a certain amount of money, as decided by the judge, to be released from county jail before the trial. This amount of money is called bail.

Bail can be expensive, and those who cannot afford it get a bail bond. A bail bonds company can pay the defendant’s bail and release the defendant from jail in return for a fee and some other assurances.

Bail Bonds Explained: How Does the Bail Bonds Process Work?

Understanding how bail bonds work involves getting to know what the process is. There are multiple steps involved in the bail bonds process that defendants will need to follow to get released from jail. These steps involve the bail hearing, getting in touch with a bail bondsman, and agreeing to bail bond terms.

The following are the steps involved in the bail bonds process:

1. The Bail Hearing

After getting charged with a crime, a defendant will have to attend a bail hearing. This is where a judge appointed by a court will set the bail amount, which is the amount the defendant must pay to get released from jail. The cost of bail will depend on the severity of the crime, with violent crimes having much higher bail amounts than nonviolent misdemeanors.

The judge could also set bail higher if they view the defendant as a flight risk. In some cases, the crime committed by the defendant may be so severe that the judge doesn’t offer bail.

2. Decide Whether A Bail Bond is The Right Option

Once the defendant’s bail is set, they have three choices: remain in jail until their criminal trial concludes, pay the full amount of their bail, or arrange for a bail bond. Those who committed less serious misdemeanors may be willing to pay their bail on their own, as they could cost as little as $500.

If the defendant cannot afford their bail, they will have to arrange for a bail bond with a bail bondsman. This involves contacting them, finding one that works for their interests, and agreeing on bail bond terms that work for both sides.

3. Finding A Bail Bondsman

A bail bondsman is someone who agrees to pay a defendant’s bail to get them released from jail. In most cases, the defendant’s lawyer will contact a bail bondsman with whom they have worked in the past to help post bail. It’s essential to only work with licensed bail bondsmen to avoid getting scammed.

The bail bondsman will require a nonrefundable fee, such as 10% of the bail amount. In some jurisdictions, bail bondsmen can only ask for 8% of the bail as a fee for their services. Some bail bondsmen require defendants to put up collateral to avoid the defendant skipping out on paying them for their services. This can include car titles, home titles, jewelry, and other valuable items.

An example of how a bail bond works would be the following: a man named Gregg had his bail set at $10,000. He cannot afford it, so he gets a bail bond. He has to pay the bail bondsman $1,000 in fees and uses his car title to secure the other $9,000 for his bail. Gregg complies with the court and continues to go to these court dates. At the conclusion of the trial, he receives his car title back.

4. Signing The Bail Bond Agreement

The defendant and their lawyer will negotiate bail bond terms with the bail bond agent, which can include the fees and collateral mentioned above. Once the defendant and bail bond agent agree on the terms, the defendant or their co-signer can sign a bail bond agreement with the bail bondsman.

After completing the proper paperwork, the bail bondsman will pay the defendant’s bail to release them from jail, giving them their freedom back. However, the bail bond process is not over; the defendant still has to pay for the bail bond agent’s services and attend court.

5. Paying The Bail Bondsman

As mentioned above, the bail bondsman expects the defendant to pay between 8% and 10% of the bail as their fee. After being released from jail, the defendant must pay this fee to avoid severe consequences.

They must also continue to make their court dates after being released. The collateral the bail bondsman requires protects them should the defendant decide to flee the trial. They can only get their collateral back after completing their court-mandated trial dates.

What Happens If Bail Is Forfeited?

How do bail bonds work if the defendant goes on the run? If a defendant gets a bail bond to be released from jail before their court date and doesn’t appear in court, that is considered forfeiting bail.

If the defendant misses the court date, the judge will likely issue an arrest warrant. A defendant who forfeits bail will also owe the bail bondsman the entire bail amount. If they cannot pay it, the bail bondsman will sue for the collateral that secured the bail bond.

If the defendant shows up to each court date and adequately satisfies all court requirements, the bondman will recover the posted bail amount. The defendant will not be sued for collateral property, and the bail bondsman keeps only the original fee.

Alternatives To Bail Bonds

After learning about the bail bonds explanation, you may wish to go another route to pay for your bail. The 10% fee charged by bail bondsman may be too much for you to afford. You have other options for posting bail that do not require you to get involved with a bail bondsman.

The following are alternatives to bail bonds:

• Cash bail: If you have the money available, you could post your own bail. You can pay the full bail amount in cash to get released without having to work with a bail bondsman or put up collateral.
• Released on your own recognizance: Those who committed less serious crimes who have a good criminal record may get released from jail without needing to post bail. The judge will only release you if they feel you will still attend your court dates. This release will require you to adhere to curfews, not leave the state of your trial, and wear an electronic ankle bracelet as a monitor.
• Pretrial supervision programs: These programs allow defendants to be released before their court date, with significant conditions. They must remain gainfully employed, regularly meet with a pretrial officer, attend counseling or education programs, obey a curfew, and wear an ankle monitor.

Paying For Bail Bonds With A Utah Title Loan

Not being able to afford bail bonds is a huge issue, as whatever you put up for collateral could be in danger. You could also be in legal trouble, which you could avoid by getting quick cash through an emergency loan.

At Utah Title Loans, Inc., we have title loans that allow you to borrow up to $15,000 by using your car title as collateral. You can only do this if you own your car outright, have no outstanding liens or judgments, and did not use your car title as collateral for your bail bond.

You can get approved for a Utah title loan by following our fast and simple approval process, which you can start online. We allow borrowers of all credit types, our borrowers get to keep their cars while repaying their loan, and our straightforward process allows you to receive your emergency cash within a day without ever having to visit one of our Utah store locations.

Get A Utah Title Loan Today to Pay Your Bail Bond Fees

A bail bond can help those who want to get out of jail while going through the trial process. Now that you understand the bail bond process, you can get started today by getting in touch with a bail bondsman and agreeing to bail bond terms.

If you can’t afford a bail bond and need money fast, Utah Title Loans, Inc. may be able to help. Our representatives are here to help and will answer any questions. Fill out our online form today to start the process of getting one of our fast and easy emergency loans.

Note: The content provided in this article is only for informational purposes, and you should contact your financial advisor about your specific financial situation.