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How does bail work?

If you have ever wondered how bail works you are not alone. These examples will give you a basic idea of the bail process. The first type of bail available from private bail companies is Cash/Surety Bail or No 10%. What this means is, if a bond is set at $10,000 at No 10%, we would write a bond for $10,000 and collect $1,000 (nonrefundable) from the person who signs the defendant out of jail (the indemnitor).

 

Who is the indemnitor?

The indemnitor is a person or company that compensates for an individual in case of a loss. If he or she fails to appear, the indemnitor would be responsible to pay us either the fees to bring him or her back into custody or the full $10,000 to the court. In many cases, but not all, the indemnitor should have a job.

 

What if the indemnitor does not have the full $1,000?

If the indemnitor does not have the full premium ($1,000), we can finance the bond for them. Typically we would require full payment within 90 days, same as cash.

The second type of bail is 10%, or At Percent Bail ordered by the court. Let’s take the same bond of $10,000: however this time it is set at percent. In Michigan and Mississippi, there is a law that states that on percent bonds, a surety company can post 1/4 of the full amount. This means the indemnitor can either A, give $1,000 to the court and when the case is over receive all but 10% back; or B, they can post the bond with a surety company for $250 (1/4 of the full amount). The bond to us would not be $10,000 but rather $2,500. The indemnitor would be liable to our agency for just $2,500, not $10,000 as it was in the first case. In Ohio, the courts require the full amount up front. If you are unable to come up with the full premium you can elect to use a surety company, however it would be for the full $10,000 as Ohio does not have the 1/4 law. Remember though, if you were to post through us or any other surety company the money is nonrefundable.

 

Why do the courts set bail?

The reason for bail is to encourage the individual defendant to appear at their court proceeding, (a right guaranteed by the 8th Amendment of the Bill of Rights), and to help prevent the overcrowding of jails. In other words, private bail gives an incentive not just to the defendant to show up to court, but to the agency and the person who signs for the defendant. If the defendant fails to appear for court the surety company is now liable to pay in full bail amount ($10,000 as the example above) as a penalty for their defendant’s failure to appear.

If you have any questions feel free to call our office and ask. We are more than glad to give free helpful advice. 419-522-JAIL (5245) or toll-free 1-888-HITCHMAN.