What Exactly Is A Bail Bondsman?
Not everyone knows what a bail bondsman is and what he does for a living; at least not for someone who has never crossed paths with the law, broke a few along the way and got put behind bars for them. But for those who have done all the above, the bail bondsman is not only a component of the legal system, but is someone who will prove to be an important ally of any defendant.
Historically, the first bail bondsman worked with the first bail bonds agency in the United States which was set up in San Francisco by Tom and Peter McDonough in 1898. The bail bondsman and the whole concept of the bail bond system ensured that a defendant appears for his court date based on that person's paying a small percentage to the bondsman who guarantees his return based on a financial deposit made to the court.
The concept and the functions attendant to being a bonds person has not changed much since 1898. Today though, a bail bondsman can either be a person or a corporation who stands as surety (or guarantee), pledging either cash or property as bail to grant a defendant temporary freedom with the express condition that the defendant return to have his case heard. The work and nature of bondsmen and the whole bail system is very unique. Other financial institutions such as banks and insurance agencies can pledge the same guarantee, but of course what makes the endeavor riskier is that instead of dealing with controllable risk factors such as market fluctuations, industry trends and such, one is dealing with a person who has been charged with a crime and that the only guarantee for his return to answer for it is his word, and of course, the bail bond.
But bail bondsmen do not just sit and wait for the defendant to appear and then shrug their shoulders when the defendant does not appear on the scheduled date. The American bail bondsman is allowed by law (with certain specific restrictions) to go after defendants who skip bail. They are also allowed by law, albeit with conditions, to use any means necessary to bring the defendant to court. This is of course to fulfill the bond requirements as well as make the defendant face his legal obligation. A bail bondsman has several financial agreements with the court with regards to these bond requirements. Bondsmen usually have blanket bonds with the court which pays to the court, the necessary bond amount required when a defendant skips bail. The legal charge that a bail bondsman requires for someone wanting to post bail is 10% of the bail bond's total amount. You cannot refund this because this serves as the bondsman's fee. For large amounts, bondsmen can take out the amount through the defendant's property if any and this is called a property bond. If the defendant skips bail, the bondsman can try to collect by getting the defendant back to court and this is usually done through the services of a bounty hunter. Bounty hunters are also called bail bond enforcers and have their own specific training to get their accreditation. If you want a career in the bail bond industry and become a bail bondsman, contact your state for specific requirements for licensing.
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