*Free advice…never compare a professional bondsman or bounty hunter to Dog/Duane Chapman. That is some straight up Hollywood bullshit. I have never went to work wearing a tuxedo vest, wrestling spandex ready to battle Hulk Hogan in a steel cage match. So don't even ask!!
I usually get asked several times a week how a Bail Bondsman makes money or a Bounty Hunter for that matter.
What the procedure is from start to end. I figured I would write a brief summary of the industry. When I say brief, I'm serious. Below is a general outline of the overall process. It can vary from state to state, county to county, city to city. There is also much more history involved. In the coming months I will take a deeper dive into everything but for now here is a general summary of the process.
History of Bail Bonds in the United States
Bail mechanisms were originally intended to allow someone charged with a crime to remain free until their trial (being presumed innocent) while ensuring that they would show up for it. A person’s family or business acquaintances often had an interest in seeing them appear in court and would help to ensure that they did so.
In the pre-independence USA, bail law was based on English law. Some of the colonies simply guaranteed their subjects the protections of that law. In 1776, after the Declaration of Independence, those states that had not already done so enacted their own versions of bail law.
For example, Section 9 of Virginia’s 1776 Constitution originally stated, “excessive bail ought not to be required…” .
In 1789, the same year that the United States Bill of Rights was introduced, Congress passed the Judiciary Act of 1789. That law specified which types of crimes were bailable and set bounds on a judge’s discretion in setting bail. The Act provided that all non-capital crimes are bailable and that in capital cases the decision to detain a suspect prior to trial was to be left to the judge.
How the Bail System Works
Each state has its own bail bond system, which gives someone who has been charged with a crime the opportunity to get out of jail and remain out until they go to trial. Different states provide different types of bail options, but the main principles are the same in every system. Bail is money or other property deposited with or promised to a court to persuade the judge to release a defendant from jail, with the understanding that the defendant will return to court for the trial.
A “bail bond” refers to the promise made by the defendant or a “surety” (someone who promises to pay for the defendant) to the court to forfeit the bail money if the defendant does not return. A surety can be a professional bail bond agent, or a friend or family member. The purpose of setting bail is to ensure that the defendant appears at trial without necessarily having to keep the defendant in custody.
The bail amount should be significantly high enough so that the defendant will not simply forfeit the bail amount and disappear. Many courts have preset bail amounts for each offense, though a judge can deviate from those guidelines for good cause. Defendants are less likely to be considered a flight risk when they have family and community ties to the area, employment, minimal criminal history, or a record of appearing as required in the past.
After the judge has set a bail amount during a court hearing, defendants and sureties can post bail with the court clerk during regular business hours, or at the jail after hours. The court or jail will issue a receipt for the bail bond, proving that bail was posted. If the defendant does not return to court as required, the court will schedule a forfeiture hearing and issue an arrest warrant. The defendant will have an opportunity to explain why he or she missed the court date, such as a misunderstanding or unavoidable delay. Oftentimes it is necessary for the surety or an agent of the surety to track down and return the defendant to custody. See Bounty Hunting Section.
Benefits of the Bail Bond System
Bail bonds play an essential role in the criminal justice system. They help keep individuals out of jail, reducing the burden on taxpayers. They also ensure that people who are arrested will return to court. Bail bonds provide a safe and affordable way for folks in a tough spot to walk free until their fair trial. Beyond this, however, the bail bonds industry benefits our larger society in a number of important ways. Here are some of the benefits of the bail bond system:
Financial Relief: A bail bond is a legally binding agreement between the court, defendant, and surety that could offer flexibility for individuals who cannot afford to pay their full bail amount.
Reduced Pretrial Detention: Bail bonds help keep individuals out of jail, reducing the burden on taxpayers.
Ensuring Court Appearance: Bail bonds ensure that people who are arrested will return to court.
Incentivizing Compliance: Bail bonds incentivize individuals accused of crimes to return from trial proceedings without fleeing justice.
Bounty Hunting aka Bail Enforcement
Bounty hunting, also known as bail enforcement or fugitive recovery, is the process of tracking down and capturing fugitives who have failed to appear in court or have violated the terms of their bail.
If the accused decides to skip town and miss the court appearance (which about 20 percent do), the bail bond must be paid – and it’s the bondsman who must pay it. (For this reason, bondsmen usually require collateral from the accused, such as property or a car title.)
Because bondsmen are liable for the bail bond amount, and the police can’t always find their man (or woman), many bondsmen hire a professional bounty hunter – or bail enforcement agent, as they prefer to be called – to track down “skips.”
Bounty hunters typically receive anywhere from 10 percent to 20 percent of the total bail bond. An experienced bounty hunter who works 80 to 150 cases a year can earn anywhere from $50,000 to $80,000 annually
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