Glossary of Terms

How Bail Works

Posting of a bail bond. This process involves a contractual undertaking guaranteed by a bail agent and the individual posting bail. The bail agent guarantees to the court that the defendant will appear in court each and every time the judge requires them to.

For this service, the defendant is charged a percentage of the bail amount.  In California, this amount is set by law, all bail agents charge the same.

Before being released, the defendant, or a relative or friend of the defendant, typically contacts a bail agent to arrange for the posting of bail. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court.

Collateral is not always required for a person to be bailed from jail. Often a person can be bailed from jail on the signature of a friend or family member. Co-signers typically need to be working and either own or rent a home in the same area for some time.

After an agreement is reached, the bail agent posts a bond for the amount of the bail, to guarantee the defendant’s return to court.

If the defendant "skips bail," and the defendant is unable to be found, the cosigner is responsible for the full amount of the bail. The cosigner is also responsible for all expenses the bail agent incurs while looking for the defendant.

Cash Bond
To be released on cash bail, an individual must post with the court the total amount of the bail, in cash, to secure his or her return to court on an appointed date, and thereafter until the case is concluded. If the defendant shows up for his/her scheduled court appearances, the cash is returned to him/her. If s/he fails to appear, the cash bond is forfeited to the court.

Surety Bond
An alternative to cash bail is the posting of a surety bond. This process involves a contractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the face value of the bond. The bail agent guarantees to the court that they will pay the bond forfeiture if a defendant fails to appear for their scheduled court appearances. The bail agent's guarantee is made through a surety company and/or by the pledge of property owned by the agent.

For this service, the defendant is charged a premium. To be released pursuant to the posting of a surety bond, the arrestee, or a relative or friend of the arrestee, typically contacts a bail agent, an individual licensed by the State of California to post surety bonds. Prior to the posting of a surety bond, the bail agent undertakes a detailed interview of the proposed guarantor of the surety bond, as well as of the arrestee and relatives of the arrestee, as part of the underwriting procedure for bond.

By involving the family and friends, as well as through the acceptance of collateral, the bail agent can be reasonably assured that an individual released on surety bond will appear at his or her appointed court date, as required until the case is adjudicated.

After this procedure is concluded, if an agreement is reached, the bail agent posts a bond for the amount of the bail, to guarantee the arrestee's return to court.

With his money on the line, a bail agent has a financial interest in supervising bailees, and ensuring that they appear for trial. If a defendant "skips," the bail agent has time and the financial incentive to find him/her and bring him/her in. Significantly, commercial bail bond agents profit only when the defendant shows up for trial. Judges acknowledge that bail agents have highly efficient methods to get defendants to court.

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