Why Bail Bonds Work

Ask The Bondsman answers questions regarding bail bonds. Here’s a question we received this week:

Question: I’m reading in various states there is some question about bail bonds as a whole. Would the states really do away with bondsmen? If the state takes the 10% and the person doesn’t show up, then what??

Answer: Yes, some states are considering moving bail to the public sector. I find that particularly interesting because of the move to privatize so many industries over the years. Let’s face it, when an individual’s livelihood is on the line, the job usually gets done right.

Beyond jobs, we need to look at public safety as well as public revenues. The bail industry works beautifully. There is one simple answer as to why…accountability.  When someone is released on a bail bond, either the defendant, a friend or family member (called an indemnitor)  has put up some type of financial asset as part of the bond agreement.  If the defendant fails to appear at court, that financial asset is surrendered. Neither the indemnitor, nor the bondsman — whose resposibility it is to keep track of it all and is financially liable — want to loose assets.

It is this third party contract component, or accountability, that makes bail bondsmen and the currect bail system effective.

The alternative to bail bondsmen is taxpayer funded government bail bond programs that release defendant on the simple promise that they will appear for court.  In this situation, no one has financial accountability associated with it and as you can imagine the failure to appear rates for defendants is substantial as compared to surety bail where it is extremely low.

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