The Different Types of Bail Bondsmen
Overview:
- What Is A Bail Bond?
- Are There Different Types Of Bail Bonds?
- What Is A Licensed Bondsman?
- What Are The Different Types Of Bondsmen?
What Is A Bail Bond?
Bail is a refundable security deposit that allows defendants to be released from jail until they appear in court. The defendant’s deposit acts as collateral and guarantees criminals will return to court for trial or other court proceedings.
However, bail is not available in all cases. Bail options are determined by the jurisdiction, type of crime, and whether the court believes that the defendant will try to flee.
If the person on bail fails to show up for their court dates, a warrant for their arrest is issued.
Are There Different Types Of Bail Bonds?
There are seven types of bail. Each type of bail has its own set of rules, regulations, and laws. These seven types of type are:
- Surety Bonds
- Cash Bail Bonds
- Property Bonds
- Citation Release
- Recognizance Release
- Immigration Bail Bonds
- Federal Bail Bonds
What Is A Licensed Bondsman?
Nearly 15,000 bail bondsmen are currently employed in the United States.
Bail bondsmen and bail recovery agents—also known as bounty hunters—are often classified under the same title, “bail agent,” in many states.
Bail bond agents provide the funds required to release a criminal offender before trial. This is often secured by collateral or a cosigner. The bail recovery agents track down, arrest, and return fugitive defendants for their court dates.
The best way to distinguish between bond dealers is to look at the types of bonds they offer. There are many crimes that people can be charged with, and many types of bonds can help facilitate pretrial release.
These bonds are usually subject to different financial risks. Therefore, sometimes, bail bondsmen cannot issue higher-risk bonds for certain situations.
What Are The Different Types Of Bondsmen?
There are three main types of bondsmen: a general bondsman, a federal bondsman, and an immigration bondsman.
1. General Bondsman
The surety bail bondsman is the licensed bail bondsman most commonly depicted in the media.
This type of bondsman is licensed to bail bonds defendants accused of any of a variety of crimes—from capital murder to driving citations. The surety bail bondsman guarantees that the defendant will appear in court. In return, he or she pays the full bail amount.
Most states allow a surety bail bondsman to request a percentage of the bail amount for the fee for issuing a bond. This percentage may vary from 10 to 20%, depending on the state laws.
Furthermore, licensed bail bond agents work the same way as other financial professionals who provide bonds or loans. First, they determine whether a client should be granted a bond. A bail bond can be obtained by providing some type of security, such as real estate or valuable property, and a cosigner guaranteeing that the defendant will appear at their court date.
This may seem like a dangerous financial profession, but licensed bail bondsmen are not at risk in all jurisdictions. These jurisdictions allow bail bond agents to forfeit a portion of the bail amount if the defendant does not appear at their trial. In some cases, it may be as low as 5%.
2. Federal Bondsman
Federal bonds are bail bonds issued to federal criminal defendants.
These bondsmen are also different from the common surety bonds. They guarantee that a defendant will appear at a court date and that they will comply with all pretrial conditions. This could include periodic drug testing, travel restrictions, or restrictions on business activities.
Therefore, the entire bail amount may be forfeited if the defendant fails to comply with any of these conditions.
Bond dealers do not often issue federal bonds because of the risk that a defendant may violate the terms of their pretrial release. As a result, most defendants will need to provide collateral in order to be able to obtain this type of loan.
Furthermore, federal loans are generally more expensive than bail bonds. This type of business requires that bail bondsmen be familiar with both federal and state laws.
3. Immigration Bondsman
An immigration bond is a federal bond required to release an immigrant from a detention facility.
The majority of bond recipients are in the Custody Immigration and Customs Enforcement, which is a federal agency. However, they may also be held in local jails or county jails.
The bail industry considers immigration bonds to be higher-risk bonds as immigrants have fewer ties to the community. Additionally, they are also more likely to flee than to face imprisonment or deportation. Because of the higher financial risks, fewer licensed bail bond agents are willing to enter this type of bail business.
The increased risk is compensated for by a higher fee charged by bail bondsmen who issue immigration bonds. In some cases, it can be five percent more than the fees charged for comparable surety bonds.