After an arrest, most defendants’ primary consideration is getting out of jail. Once bail has been paid or a bond signed, the defendant is free to go and can continue going about their life and start preparing their defense against the charges that have been levied.
Often, in their haste to get out of jail as quickly as possible, defendants (and their families) fail to adequately familiarize themselves with the terms of a bonding agreement, leaving them at the mercy of their bail bondsman or bonding agent. If the agent is reliable and reputable, there should be few surprises in store for the defendant regarding their bond conditions.
If the defendant has entrusted their bond to one of the less reputable companies that still exist in many places around the country, they could find themselves trapped in a predatory agreement that costs considerably more than the state-determined bond fee.
Here are five questions you should ask before you sign any bonding agreement.
Is the Bail Bondsman Licensed and Certified?
Never trust your or your family’s freedom to an unlicensed bonding agent. While unlicensed operators may provide “off-book” bonds in the form of unregulated loans, these are technically and legally no different from loan shark operations and are illegal. Using money from an unregulated loan to pay bail could expose you to even greater criminal liabilities.
Beyond that, without the regulations that protect clients of licensed bail bondsmen, you may find that payment amounts and interest fees unexpectedly increase the closer you get to your court date, eventually inflating to the point of becoming an inescapable cycle of debt.
Your bonding agent should be licensed and certified by the state’s professional association for bail bondsmen. In Georgia, for instance, bail bond agents are certified by the Georgia Association of Professional Bondsmen, and reputable agents typically undergo recertification training annually.
Is the Bail Bondsman Established?
You want to be helped by an established bonding agent who knows the jail and court systems involved whenever possible. Your bondsman having a good knowledge of the people involved, the various guidelines and policies each court, jail, or agency enforces, and the state and local laws at play can make the process of bonding out of jail considerably faster and easier.
You may want to look at the difference between a local bonding agency and a national or regional “chain” of agencies. If you entrust your bonding needs to an agency based locally, you’re far more likely to see a difference in how well your bondsman can quickly navigate the process of getting you or your loved one out of jail.
Where Are the Bail Bondsman’s Decisions Made?
Another advantage to choosing a local, independent bonding agency is the speed of the decision-making process. When you rely on a large corporate bonding service, the decisions that will impact your bond are made at an office elsewhere. Any considerations that need to be made for your situation will be sent away, you’ll await a response, and then the process repeats itself until your bond is signed and you’re released from jail.
With a local agent, decisions are made locally, reducing the time spent going back and forth with a corporate office that may or may not be open for business when you need them the most. When a bonding company determines whether their company will be able to write a bond for you, you want the decisions to happen quickly and to be made by someone familiar with your situation.
Man in prison
What Will the Total Cost for My Bond Be?
As bond fees are set by the state at 15% of the bail amount, and associated jail fees are assessed at the time of processing, there should never be any surprise as to the amount of the bond fee. If you’re talking to a potential bonding agent and they can’t give you an accurate amount for your bond, you should consider talking to someone else.
The costs for a bonded individual or their cosigner should be unpredictable only if the defendant jumps bail and fails to appear for a court date. In that case, the cosigner of the bond will be required to:
- Immediately pay the full bail amount to the bonding agent, and
- Compensate the bonding agent for any expenses associated with locating and returning the defendant to jail.
What Are the Bond Terms?
Generally speaking, bail bonds are straightforward documents, but they’re a legal contract and should be treated as such. If you’re considering a bail bondsman to secure your or a loved one’s release, make sure to understand the terms of the bond:
- Is there a detailed breakdown of all bond fees and costs?
- Is any collateral required, and what are the terms for its surrender in case of a default?
- What happens If the defendant misses a court date?
- What are the defendant’s rights and responsibilities regarding the bond?
- What are the bonding agent’s rights and obligations regarding the bond?
If any of the terms seem suspicious or costs differ wildly from those other bonding companies offer, you should ask for more details. Any unsatisfactory answers, evasiveness, or answers that seem “too good to be true” may indicate that the agent you’re talking to isn’t on the up-and-up.
Arrested in Macon-Bibb County? Don’t Wait in Jail; Call All State Bonding: 478-745-1966
All State Bonding is located directly across the street from the Bibb County Jail in downtown Macon. We’re available 24/7, and all our bonding decisions are made on-site, so you never have to wait for an answer.