Category: How Bail Works

If you have never had to bail someone out of jail in Florida, you understandably might not know what a bail bond is and how the bail process works. We look forward to answering any more questions you may have. Keep reading for the basic information that you’ll need to know about how bail works.

Don’t spend valuable time researching websites across the Internet to learn about the bail process. Get a straightforward explanation in this video about how bail bonds work.

How Bail Bonds Work by AboutBail

Bail

Bail is some form of property given to a court to encourage the release of a defendant from jail. This ensures that the defendant returns to court for trial or they will forfeit the bail. Florida requires that every person who is arrested has the right to be taken before a judicial officer within 24 hours of arrest who will then set bail.  In some counties the Chief Administrative Judge has posted a bail schedule and the arresting officer will set bail within the guidelines of the administrative order.

Bail Bond

If the defendant does not have the money or the assets to pay the full bail amount, they can utilize the services of a bail bond agent. The agent will sell a surety bond which has the value equal to the cash required from the court. The bond is redeemable by the court for cash in the event that the defendant breaks his or her promise to appear in court.  The bond acts as assurance to the State of Florida that the defendant will show up for all court dates. If the defendant does not show for court, the agent then becomes responsible for the full bond amount.
Collateral

Bail agencies may require collateral when writing a bail bond. Collateral can come in the form property (homes, cars, etc.), investment accounts, or anything that has value. Collateral is used to cover the remaining amount of the required bail as extra assurance that the defendant will be present for their court dates. The collateral is held in the name of the insurance company that underwrites the bond. The agent may not use the collateral for anything other than securing the bail bond.  If the collateral is in cash it must be deposited in a bank within the state. Collateral will be returned once the bail bond has been exonerated and the defendant has fulfilled all obligations.

Cost / premium

In Florida, the state-mandated bond premium is $100 per bond written or 10% of each bond written over $1,000. Examples:

• A bond for $10,000 would cost $1,000.
• A bond for $650 would cost $100.
• A bond for $50 would cost $100 (even though it is more than the cash bail amount.)

Premium is money that is earned by and is owed to the bail agent, who writes the bail bond the moment that the jail accepts the bond. The premium is not refunded.

Other Helpful Bail Tips 

Make sure you are working with a licensed bail agent. Ask to see the agent’s Florida license and identification prior to any transaction.
Make sure the bail agent charges you only the legal rate, which in Florida is 10% or a $100 minimum per bond.
Make sure you are given itemized receipts for all charges.
Make sure you are given copies of all signed contracts and agreements.
If you finance or set up payments for any portion of your bond, make sure you understand the terms of the agreement prior to signing.
Make sure the bail agent you hire will be available after the bail bond has been posted. A professional agent will be there for you when you have questions during or after the process.
For more information, give us a call or contact us.