Under the U.S. Constitution, all citizens that are detained and arrested must be afforded the opportunity to request bail. If the offense is a minor one, the prisoner may be able to obtain immediate release. The concept is quite simple. Because most courts have a waiting list, it can take weeks or even months before the accused is brought before a judge. However, since defendants are innocent until proven guilty in America, the law gives them the right to apply for temporary release before their trial.
What Is Bail?
Bail is really nothing more than monetary collateral that is held by the court to ensure that the defendant faces the charges against him. If he comes to court on time, the person who posted the bond will get it back, even if the accused is found guilty. However, if he runs or “jumps” bail, the bond will be forfeited to the court after a certain date.
How To Get Bail
When a prisoner is granted the opportunity for early release, he generally has two options – a loved one can either pay the fee outright or apply for a loan from a bondsman. A bondsman is a businessman who loans money to folks in desperate straits. He generally charges interest of around ten percent and may even ask for collateral on the loans he makes.
The Business
Although it has its fair share of risks, loaning accused criminals money can be a profitable profession. It is profitable because most defendants come to court on time, and when they do, the bondsman receives his bond back, plus the interest payment. It might seem like easy money, but it’s only easy when things go according to plan.
Because the bondsman acts as a guarantor for the accused, he is held financially responsible when his client fails to make his court date. As a result, the court will take possession of the bail bonds he posted if he cannot produce his client in short order. In this instance, the bondsman will most likely end up losing money on the loan. Why?
For starters, he will have to hire a bounty hunter to track his client down. If successful, the bounty hunter is generally paid a daily rate along with a percentage of the bond. That is the best-case scenario. If the fugitive is caught, the bondsman can claim his bail bonds and move on. However, if the client eludes justice for long enough, the lender will lose his entire investment – meaning that the business is a risky one.
The good news is that most bail bonds are reclaimed. More often than not, defendants are accused of relatively minor crimes, and it makes no sense for them to run, since running will only result in additional charges, penalties, and payments. The bondsman knows this, which is why he bets that the accused will come to court and take his punishment. He also knows that when his client appears, he can collect a hefty fee for simply selecting the odds-on favorite.