What is bail?
B
ail is a service guaranteed by the United States Constitution. It allows most people accused of crimes to remain free until they are tried (though some especially serious offenses are not eligible for bail). Because it’s much easier for people to prepare their defense when they’re not behind bars, bail enables defendants to gather the information they will need to make their case at trial. The amount of the bond is set by the judge and, depending on the crime, can be many thousands of dollars. Most people can’t afford to pay such huge sums, and that’s where the bail bondsman comes in.
What does a bail bondsman do?
A
bail bondsman or agent is paid a fee, a fixed percentage of the bond amount, to ensure that a defendant fulfills his obligation to appear for trial as ordered by the court. The defendant is released into the agent’s custody. If the bondsman fails to have his client in court at the proper time and place and cannot subsequently seize and deliver him, the bondsman must pay the court a penalty in the full amount of the bond.
How does the process work?
W
hen a person is arrested, he or a relative or friend contacts the bondsman to arrange for bail. Depending on the defendant’s financial circumstances, he may need a co-signer (also known as an indemnitor) to qualify for bail. Before being released, the defendant and/or his co-signer pay the bond fee and sign a contract guaranteeing he will appear in court. If the defendant fails to appear, he and/or his co-signer are liable for the full amount of the bond and any expenses incurred by the bondsman.
After the paperwork for the bond is completed, the bondsman tenders the bond either to the court clerk, who in turn issues a release, or to the jail directly (varies by county). After the defendant is released, the bondsman counsels him on his obligations and court appearance dates, and answers any questions he may have.
What if we’re strapped for cash?
A
t least half the fee will need to be paid up front. Credit for the balance may be extended on signature to qualified defendants or the indemnitor. A qualified person is someone who has a good job and a substantial employment history. In most instances involving large bond amounts, the granting of credit is secured by a mortgage with enough equity to guarantee the full amount of the bond. This credit arrangement takes the form of a second mortgage, with the full bond amount secured by the first mortgage.
What else will we need?
I
n addition to the bond fee, the co-signer will need to provide a driver’s license or passport, a pay-stub or other verification of employment, and other information the bondsman requires, including but not limited to: social security #, date of birth, address and phone numbers for your employer, your supervisor’s name and number, and proof of home ownership or rental.
Anything else we should know?
- Only deal with a licensed bail agent. Ask to see his license and ID before paying him or signing any contracts. In Oklahoma, bail bondsmen are licensed and regulated by the Oklahoma Insurance Department and are required to be members of the Oklahoma Bondsman Association If you have any questions, don’t hesitate to give them a call.
- Make sure the bondsman explains the fee you’re being charged. The fee is a fixed amount that varies from state to state. Ask to have any extra charges itemized and explained.
- Get itemized receipts for every transaction and copies of all signed contracts and agreements.
- If credit is provided, be sure you fully understand the terms of the financial agreement before you sign it.
- Part of what you’re paying for is service. Ask the bondsman to confirm that he will continue to be available after the bond has been posted, to answer any questions or address any concerns you have throughout the process.
What if I want to be a bail bond agent?
A
s the general agent for International Fidelity Insurance Company (IFIC), Jordan Bonding is always looking for good agents to represent us throughout Oklahoma. In order to become an agent, you must be an Oklahoma resident with a high school degree or GED, pass certain background checks and attend a 2-day course in Oklahoma City. Click here for more detailed information.
If you’re already a licensed agent in Oklahoma and are looking for new opportunities, we hope you’ll call Jan Jordan directly at (918) 683-4671 and let him tell you why Jordan Bonding and IFIC are the most trusted and respected employers in the State of Oklahoma. And why, when it comes to offering agents the most rewarding careers, we have no competition.
