Bail 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.

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.

When 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.

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.

In 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.