The Legal Definition and How It Works
Bail Bondsmen play a very important role in the Criminal Justice System of the US. This unique professional is tasked with securing the release of a defendant from the custody of pretrial detainees and guaranteeing their appearance to court. The bondsmen charge typically a 10% fee of the face value of the bail set by a judicial officer for the defendant as well as securing a co- signer/Indemnitor to share in the financial responsibilities of the bondsmen. Following the standards of the State and proper protocols, the bondsmen will submit the bond to the court.
The bond represents a promise to the courts that the physical body of the defendant will appear to every court date, or the full-face value of the bond will be paid. This obligation and promise to the courts maintain validity until the court case is concluded or the bond is satisfied by discharge.
If a defendant fails to appear to a court date, the bondsman will be given a demand to either pay the full value of the bond to the courts or return the defendant to custody. Upon this failure to appear (FTA), the bondsman will begin investigative steps to secure the apprehension of the defendant.
Once the defendant is apprehended, the defendant will be surrendered to the county of which the bond was posted. The bondsmen then hold the co-signer, defendant and/or any other Indemnitor that participated in the procurement of the bond responsible for all fees incurred by the FTA.