A bail bondsman, bail bondsperson, bail bond agent or bond dealer is any person,
agency or corporation that will act as a surety and pledge money or property as bail
for the appearance of a defendant in court. Although banks, insurance companies and other
similar institutions are usually the sureties on other types of contracts (for example,
to bond a contractor who is under a contractual obligation to pay for the completion of a
construction project), such entities are reluctant to put their depositors' or policyholders'
funds at the kind of risk involved in posting a bail bond. Bail bond agents, on the other hand, are usually in the business to cater to defendants, often securing their customers' release in just a few hours. Bail bond agents are almost exclusively found in the United States and its former commonwealth, the Philippines. In most other countries the practice of bounty hunting is illegal. The industry is represented by various trade associations, with the (PBUS) Professional Bail Agents of the United States and the American Bail Coalition forming an umbrella group for bail agents and surety companies, and the National Association of Fugitive Recovery Agents representing the Bounty Hunting industry in the United States. Most legal entities, including the American Bar Association and the National District Attorneys Association, do not approve of bail bondsmen. They think that it discriminates against poor and middle-class defendants
while doing nothing for public safety.
Arrests, Jail, Bail and the Criminal Justice System
Bail is a term that describes the release of a criminal defendant or arrestee after an arrest prior to the end of the criminal case. Bail can – but does not always – involve the defendant (or someone on the defendant’s behalf) paying money to a court. The money ensures that the defendant returns to court for the remainder of the criminal justice process. Therefore, bail is not a punishment given prior to a person being found guilty of any crime, but a way to ensure that criminal defendants return to court without the necessity of keeping them in custody the entire time.
Bail can play an important role in the criminal justice process, as it serves to both limit the amount of jail space needed, and ensure that people who are free while their cases are ongoing will return to court. People can be released on bail at almost any stage in the criminal justice process, such as immediately after an arrest, or even after a court has issued a sentence.
In general, any time someone is arrested there will be three possible outcomes: the arrestee is released, the arrestee is charged and released on bail, or the arrestee is charged and remains in custody until the case comes to an end. Bail is one way people can be released from jail prior to a court determining guilt.
Arrests
When police or law enforcement officers arrest people, they physically take the arrestees into custody. People under arrest are typically taken by police into custody, placed into a police vehicle, and then transferred to a jail or criminal processing facility for an administrative process often referred to as “booking. ” Sometimes the police will release arrestees without filing charges, but if charges are filed, the arrestee will have to remain in custody until released on bail, until a court renders a judgment, or until the case is otherwise resolved.
Booking
Booking is the administrative process that follows an arrest. During this process, the police perform a series of tasks, such as taking the arrestee’s photo, recording personal information such as name, date of birth, and age, taking fingerprints, taking any physical possessions the arrestee has and placing them into a storage facility, searching for any warrants, performing a health evaluation, and placing the arrestee in a detainment holding area.
Post-Arrest Custody, Pretrial Release
After the police have arrested and booked someone, one of three things will typically happen: First, the police can release the defendant with a written notice to appear at court. Second, the police can release the defendant only after he or she pays the appropriate bail amount. Third, the police can keep the defendant in custody until a court holds a bail hearing.
State law determines which of the three options applies in any given situation. In general, arrests for low-level crimes, such as disorderly conduct or petty larceny, will more often result in release with a written notice to appear, while more serious crimes, such as serious violent offenses, will result in the defendant remaining in custody until a court can hold a bail hearing.
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