Legal Definitions - bail bondsman

A bail bondsman is a person who provides bail bonds for individuals who have been charged with a crime and cannot afford to pay the full bail amount required by the court. The bail bondsman acts as a surety by providing the court with the necessary funds to secure the defendant's release from jail, with the promise that the defendant will appear in court for their trial.

For example, if a person is arrested and their bail is set at $10,000, but they cannot afford to pay that amount, they may turn to a bail bondsman for assistance. The bail bondsman would pay the full $10,000 to the court, and the defendant would be released from jail. The defendant would then be required to pay the bail bondsman a non-refundable fee of 10% of the bail amount, or $1,000 in this case. If the defendant appears in court as required, the bail bondsman would receive the full $10,000 back from the court and keep the $1,000 fee as compensation. However, if the defendant fails to appear in court, the bail bondsman would lose the $10,000 they paid to the court and would be responsible for locating the defendant and returning them to custody.

It is important to note that the bail bondsman's role is to ensure that the defendant appears in court, not to determine their guilt or innocence. The bail bondsman is simply providing a service to help individuals secure their release from jail while awaiting trial.

Some states, such as Illinois, Kentucky, Oregon, and Wisconsin, have banned commercial bail bonding altogether, while other states regulate the industry. In California, the bail bond industry is robust and regulated by the California Department of Insurance and the industry is subject to California’s Penal Code.