Surety Bail Bond
Webster's dictionary defines "Surety" as: "One responsible for another...one who binds himself to stand good for another..." An alternative to cash or property bail, is the posting of a surety bail bond through a licensed bail agent. Only a licensed bail agent may negotiate and post a surety bail bond. In most states, bail agents are licensed through their state's Department of Insurance.
The bail process involves a contractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the face value of the bonds issued. The bail agent guarantees to the court that the bail forfeiture will be paid if a defendant fails to appear for a scheduled court appearance.
Prior to the posting of a surety bond, the bail agent undertakes an interview with the "indemnitor" (proposed guarantor of the surety bail bond). The purpose of the discussion with the indemnitor is to establish his/her ability to pay the bail agent all costs pertaining to the bond. It is not unusual for there to be more than one indemnitor for a bail bond. Sometimes it may be necessary for the indemnitor(s) to provide "collateral" to secure the bail bond.When all underwriting criteria are satisfied and the premium paid, the bail agent will post the bond. For providing this service the bail agent charges a fee called the "premium." This "premium" is usually a percentage of the total bail amount and considered fully earned when the defendant is released from custody on the bail bond. |