Defendants have a constitutional right to seek bail so they can remain free while a case is pending. The bail ensures they still have a motive to show up in court.

Bail amount is set by a judge according to the severity of the crime. Dollar amounts for certain crimes vary by state and county.

Defendants who can't afford bail can ask a bail agent to post bond. Typically, bail bond agents charge 10 percent of the total bail, plus collateral, to post the full bond. Increasingly, they're accepting a fraction of that amount up front, allowing customers to make up the rest on credit cards or monthly installment plans.

The 10 percent premium is nonrefundable and a portion goes to the bail agent's insurance carrier, which guarantees the bond.

Bail companies don't actually pay the bail amount. They agree to pay it if the defendant flees.

If a defendant flees, bail is revoked and an arrest warrant is issued. Bail agents are responsible for the full amount of the bond if the defendant cannot be found.

If a bail agent cannot pay the court the full amount of a forfeited bond, the insurance carrier that backed the bond is responsible.

A bail bond contract ends when the case is disposed. Examples of disposition are:

• Dismissal of the case
• Guilty plea
• Order of the Court

When a defendant and/or his representative contact a bail bond agent and sign a contract, each party is promising several things.

• Execute an Appearance Bond for the defendant's release.
• Collect a fee for services rendered.
• Notify defendant of required Court appearances.
• Return collateral, if taken, to defendant when case is disposed.

• Give true and correct information to bail agent.
• Pay a fee. If credit is extended, pay on time.
• Show up for every Court appearance.
• Notify the bail agent if you change your address, phone number, or place of employment.
• Contact bail agent if you are planning a trip. Defendants can not leave the State without permission from the bail agent and the Court.