Quick and easy bail bonds.
Lawsuit Bailbonds is one of the best-kept secrets in bail bond services. We make a complicated process easier to understand, helping defendants and families navigate bail, bonds, premiums, collateral, and pretrial release.
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Getting arrested, and sitting in jail can be one of the most stressful things that a person ever has to go through in life. Not knowing when you are going to get out is a terrible feeling, especially if you have responsibilities and obligations that you have to take care of.
Often times people simply don't have enough money to bail themselves out, or have someone bail them out and this is where a bail bondsman comes in incredibly handy.
In essence, a bail bonds company will pay the bail and get you out of jail. This process is similar to purchasing a car, in the fact that the bondsman has put up the allotted bail money and the individual who has been bailed out typically makes monthly payments until the amount is paid. The process of getting arrested and bailed out is followed by a court date that you must attend. If you don't attend court, then the bail bonds company is out a lot of money and they absolutely do not want this situation to happen. Because of this, you will likely have to regularly call the bondsman and stay in close contact with them, so they feel assured you are being responsible and will show up.
There are tons of bail bonds companies and they are easy to locate, especially if you're in jail. In every jail, they have a bunch of resources to find a bail bonds company and you can simply call around until you find a company that will bail you out. They will inform you about all the information you need and assess you as a client, but generally they will post the bail and you will be freed from jail. At that point you generally head to the bail bonds company and sign a document with them as a contract to pay back the money you owe them and show up at court. They will give you all the information you need in regards to what you need to do to stay in good standing with the court and themselves.
It is important to find a professional bail bonds company that will properly inform you of all the details of the agreement, as well as a company that has gotten good reviews from others that have utilized their services. Often times if you are in jail you can talk to other inmates to get a good idea of who to go to, as there is a good chance they have good insight. If you are not in jail, your best bet is to search for reviews online and call up the various companies and get a good idea of how they function. Regardless, using a bails bonds company can make a hard situation less stressful and can get you out of a financial pinch, while giving you some much needed freedom. Just make sure you know the details of your agreement with a bail bonds company that you've properly researched.
Four moments, one goal: getting home.
Every bail bonds case moves through the same basic sequence, whether it's a first arrest or a familiar routine.
The arrest
A judge sets bail as the price of release before trial.
The call
A family member contacts a bail bonds company, day or night.
The paperwork
A fee and agreement in exchange for the bondsman covering bail.
Walking out
Release from custody, often within hours of signing.
Everything you need to know about a bail bond, in plain language.
How Do Bail Bonds Work?
Bail bonds work by allowing a licensed bail bond agent to post a surety bond that guarantees a defendant's required court appearances. A judge, magistrate, or applicable bail schedule may determine the bail amount, depending on the jurisdiction. The defendant or an indemnitor, such as a family member or friend, pays the bond agent a premium and may also provide collateral.
The bail bond agent generally does not deposit the entire bail amount with the court in cash. Instead, the agent posts a surety bond backed by a surety company. The bond guarantees payment of the required amount if the defendant fails to appear and the court ultimately orders forfeiture.
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If the defendant satisfies the bond's requirements, the court eventually exonerates the bond and releases the surety from further liability. The premium paid to the bail bond company generally remains non-refundable after it has been earned, even if the defendant attends every required hearing or the charges are later dismissed.
Collateral works differently from the premium. Collateral secures the financial obligations associated with the bond and generally must be returned after the bond is exonerated and all secured obligations have been satisfied.
If the defendant fails to appear, the court may issue a warrant and begin bond forfeiture proceedings. The surety does not necessarily have to pay the entire bond amount immediately after one missed court date. State law determines the deadlines and procedures for resolving the forfeiture, returning the defendant to custody, or obtaining relief from the forfeiture.
Commercial bail bonds are not available in every U.S. jurisdiction. Bail procedures, premiums, collateral requirements, forfeiture rules, and defendant recovery laws vary by state.
What Is a Bail Bond?
A bail bond is a surety bond used to secure a defendant's pretrial release and guarantee required court appearances. The arrangement typically involves the court, defendant, bail bond agent, an indemnitor when applicable, and a licensed surety company that financially backs the bond.
The defendant or indemnitor pays the bail bond agent a premium and may pledge collateral. The surety guarantees the bond amount to the court subject to the terms of the bond and applicable law.
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If the defendant fails to appear, the court may order the bond forfeited. State law may provide procedures and deadlines for setting aside the forfeiture, returning the defendant to custody, or otherwise resolving the surety's liability before the forfeiture becomes final.
A bail bond resembles insurance because a surety company assumes a defined financial risk in exchange for a premium. However, a bail bond is technically a surety arrangement rather than ordinary insurance protecting the defendant against a loss. If the surety suffers a covered loss, the indemnitor may be required to reimburse it under the bail bond agreement and applicable law.
Bail vs. Bond: What's the Difference?
The main difference between bail and bond is that bail describes the conditions or financial terms imposed for a defendant's pretrial release, while a bond is an undertaking or financial instrument that can satisfy a monetary bail requirement.
Cash bail requires money to be deposited directly with the court. A commercial surety bond allows a licensed bail bond agent and surety company to guarantee the required bond amount without the defendant depositing the entire amount in cash.
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Property may also secure a defendant's release in jurisdictions that permit property bonds.
Release on personal recognizance is different because the defendant is released based on a promise to appear without depositing cash bail or purchasing a commercial surety bond.
The terminology and available release methods vary by jurisdiction.
How Much Does a Bail Bond Cost?
A bail bond costs a percentage of the total bond amount when commercial surety bail is permitted. The exact premium depends on state law, applicable rates, and the specific bond.
At a 10% premium:
- $5,000 bond → $500 premium
- $25,000 bond → $2,500 premium
- $100,000 bond → $10,000 premium
- $500,000 bond → $50,000 premium
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A 10% premium is a useful example, but consumers should not assume that every state charges 10%. States that permit commercial bail regulate premiums and fees differently, while some jurisdictions do not permit commercial bail bonds.
The premium is generally the charge for issuing the bond and is typically non-refundable once earned under applicable law. The defendant normally does not receive the premium back simply because they attend every required court appearance or the criminal case is dismissed.
Collateral is separate from the premium. A bail bond company may require cash, real estate, vehicles, securities, or other acceptable assets to secure the obligations created by the bond agreement.
Some bail bond companies also offer payment plans for the premium. A payment plan spreads payments over time but does not necessarily reduce the total premium or eliminate collateral requirements. Consumers should confirm the total premium, financing charges, collateral requirements, additional fees, and repayment terms before signing an agreement.
How Do Bail Bond Companies Make Money?
Bail bond companies primarily make money by collecting premiums for issuing commercial surety bonds.
For example, a company charging a 10% premium would collect $1,000 for writing a $10,000 bond. The actual permitted premium and fees depend on applicable state law and rates.
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A bail bond company generally does not make money by lending the defendant the entire bail amount or depositing that amount with the court. The bail bond agent typically executes a surety bond backed by an insurance or surety company. The surety assumes potential financial liability if the court orders forfeiture.
Bail bond companies manage this risk by evaluating defendants and indemnitors, requiring collateral when appropriate, and monitoring outstanding bonds.
Premium revenue is not the same as profit. Commissions, surety costs, employee expenses, licensing and regulatory costs, office expenses, defendant recovery expenses, unpaid balances, and forfeiture losses can reduce the company's actual profit.
Guides: bail bonds, the justice system, and lawsuit funding.
Deep, definitional guides that walk from how bail bonds work through to how lawsuit funding works, and every legal concept that connects them.
Surety Bonds Explained
A surety bond is a three-party written agreement between a principal, an obligee, and a surety that guarantees an obligation will be met.
Types of Bail Bonds: Cash, Surety, Property, Unsecured, Deposit
Bail security generally falls into cash, surety, property, unsecured or recognizance, and deposit or percentage bonds, with availability set by state law.
Bail Forfeiture & Skipping Bail
Bail forfeiture keeps bail money or collateral because a defendant broke a release condition, most often by missing a court date, and the money is not refunded.
Cosigning and Collateral on a Bail Bond
Collateral is refundable security; the bail bond premium (typically 10%) is not.
Plaintiff vs. Defendant: What's the Difference?
The plaintiff files the lawsuit and carries the burden of proof; the defendant responds to it.
Pretrial Release Explained
Pretrial release lets a defendant stay in the community awaiting trial instead of remaining in jail, based on the charge, criminal history, flight risk, and danger to the community.
Bail Hearings: What Happens in Court
Most jurisdictions require a bail hearing within 48 hours of a warrantless arrest.
How Much Does a Lawyer Cost?
Lawyer hourly rates typically range from $100 to $600, most commonly $250 to $350.
Can't Afford a Lawyer? Your Real Options
The Sixth Amendment right to a free lawyer applies to criminal cases, not civil cases.
Breach of Contract Lawsuits Explained
A breach of contract claim requires four elements: a valid contract, the plaintiff's performance, the defendant's breach, and resulting damages.
What Is a Civil Lawsuit?
A civil lawsuit seeks money damages or a court-ordered remedy, not criminal punishment.
Settlements Explained
A settlement is a voluntary, binding contract between disputing parties, not a court's judgment.
Lawsuit Loans & Pre-Settlement Funding
Pre-settlement funding is legally a non-recourse purchase of a contingent interest in a case, not a traditional loan, in most states.
Types of Lawsuits: Complete Overview
A lawsuit is a type of civil action, and a civil action is one category of the broader class of legal proceedings.
Wrongful Death Lawsuits Explained
Most states require a wrongful death lawsuit to be filed within two years of the date of death.
Personal Injury Lawsuits Explained
A personal injury lawsuit requires proving duty, breach, causation, and damages.
Medical Malpractice Lawsuits Explained
A medical malpractice lawsuit requires proof of duty, breach of the standard of care, causation, and damages.
Product Liability & Mass Tort Lawsuits Explained
A product liability lawsuit rests on three legal theories: negligence, strict liability, and breach of warranty.
Class Action Lawsuits Explained
A class action lawsuit requires a court to certify numerosity, commonality, typicality, and adequacy of representation under Rule 23(a) before it can proceed as a group case.
Frequently Asked Questions
Find answers grouped by what you're trying to figure out.
What is a surety bond for bail?
A surety bail bond is the standard type most people mean when they say "bail bond": a licensed bail bonds company guarantees the full bail amount to the court in exchange for a fee and, usually, collateral.
What is a property bond?
A property bond uses real estate as collateral for the full bail amount instead of cash or a bondsman's fee. The court places a lien on the property, which is released once the case is resolved and all conditions are met.
Cash bail vs. bail bond: what's the difference?
The main difference between cash bail and a bail bond is who provides the financial security to the court. With cash bail, the defendant or another person deposits the required amount directly with the court, and if the bail obligation ends without a forfeiture, eligible funds are generally returned according to applicable court rules and state law. With a commercial bail bond, the defendant or indemnitor pays a bail bond company a premium, and the bail bond agent posts a surety bond backed by a surety company instead of the defendant depositing the entire required amount in cash. The commercial bail bond premium is generally non-refundable once earned, while cash deposited directly with a court follows separate refund rules.
Do you always need a bail bond to get out of jail?
No. Depending on the jurisdiction, charges, court order, and defendant's circumstances, release options can include release on personal recognizance, unsecured release, cash bail, a surety bond, a property bond, or another form of conditional or supervised pretrial release. A court may also order detention rather than release when applicable law permits it. Commercial bail bonds are only one method of satisfying a financial release requirement, and they are not available in every U.S. jurisdiction.
How long does a bail bond take to process?
A straightforward bail bond can be processed and the defendant released within a few hours of the paperwork being signed, though actual release time also depends on how quickly the jail processes the paperwork on their end.
Are bail bonds open 24 hours?
Many bail bonds companies operate 24/7 or offer after-hours and weekend service, since arrests happen around the clock. Availability varies by company and location, so it's worth confirming hours directly.
Can you use a bail bondsman for a cash-only bond?
No. A "cash only" bond set by a judge must be paid in full, in cash, directly to the court. A bail bondsman's surety bond isn't accepted as payment for that specific bail type.
Are bail bonds refundable?
No. Bail bond premiums are generally non-refundable once earned under the bail bond agreement and applicable state law. The premium pays the bail bond company for providing the bond and assuming the associated financial risk. Collateral is different from the premium. Collateral generally must be returned after the court exonerates the bond and all secured obligations have been satisfied. Refund requirements, premium rules, and collateral-return deadlines vary by state.
Do you get your bail bond money back?
You generally do not get an earned bail bond premium back because the premium pays for the bail bond service. The premium normally remains non-refundable even when the defendant attends every required court hearing and the bond is ultimately exonerated. You generally get collateral back after the court exonerates the bond and all secured obligations under the bail bond agreement are satisfied. Cash bail paid directly to a court follows different rules and may be refundable under applicable law.
What happens if you don't pay a bail bond?
Failing to pay amounts owed under a bail bond agreement can place the account in default. Depending on the agreement and state law, the bail bond company may collect the unpaid balance, pursue a cosigner or indemnitor, enforce contractual rights against collateral, or seek relief from its obligations under the bond. Nonpayment does not automatically produce the same result in every state. The bail bond agreement and applicable state law determine the company's available remedies and the obligations of the defendant, cosigner, or indemnitor.
What is bail bond collateral?
Bail bond collateral is cash, property, or another asset pledged to secure financial obligations under a bail bond agreement. Collateral protects the bail bond company or surety against covered losses and unpaid obligations associated with the bond. Depending on state law and the bail bond agreement, collateral may include cash, real estate, vehicles, securities, or other accepted assets. Collateral is separate from the premium. The premium pays for the bail bond service, while collateral secures obligations created by the agreement. The bail bond company generally returns collateral after the court exonerates the bond and all secured obligations are satisfied. Applicable law and the bail bond agreement determine the return process, permitted deductions, and applicable deadlines.
Is a bail bond refundable?
A bail bond premium is generally non-refundable once it has been earned under the bail bond agreement and applicable state law. The defendant normally does not receive an earned premium back simply because the defendant attended every required court hearing, the charges were dismissed, the defendant was acquitted, or the court ultimately exonerated the bond. Collateral follows different rules because it secures financial obligations rather than paying for the bail bond service. The bail bond company generally must return collateral after the bond is exonerated when all secured obligations have been satisfied. Cash bail paid directly to a court also differs from a commercial bail bond premium. Cash bail may be returned after the bail obligation ends, subject to applicable law and any legally authorized deductions.
When is a bail bond premium earned?
A bail bond premium becomes earned according to applicable state law and the terms of the bail bond agreement. The premium compensates the bail bond company for providing or arranging the bond and assuming the financial risk associated with it. The exact point at which a premium becomes fully earned can vary by jurisdiction. State law may also determine whether a premium must be refunded or partially refunded under specific circumstances.
When is bail bond collateral returned?
Bail bond collateral is generally returned after the court exonerates the bond and all secured obligations under the bail bond agreement have been satisfied. Bond exoneration releases the surety from its obligation on the bond. The return of collateral does not necessarily occur at the exact moment the criminal case ends. The court must generally exonerate or otherwise discharge the bond, and any secured financial obligations must be resolved. State law and the bail bond agreement determine applicable collateral-return procedures and deadlines. Lawful unpaid balances or other secured obligations may affect the amount or timing of the collateral's release.
What happens to bail bond collateral if the defendant misses court?
Missing a required court appearance can place a bail bond at risk of forfeiture. The court may declare the bond forfeited according to the procedures and deadlines established by applicable law. A forfeiture can create financial liability for the bail bond company or surety. Depending on the agreement and state law, the company may enforce contractual rights against collateral or pursue an indemnitor or cosigner for covered losses and expenses. A missed court appearance does not necessarily mean collateral is immediately and permanently lost. Forfeiture procedures, opportunities to address or set aside a forfeiture, and collateral rights vary by jurisdiction.
What is the difference between a bail bond premium and collateral?
The main difference between a bail bond premium and collateral is their purpose. A bail bond premium pays the bail bond company for providing the bond and is generally non-refundable once earned. Collateral secures financial obligations under the bail bond agreement. It is not the payment for issuing the bond. Collateral is generally returned after the court exonerates the bond and all secured obligations are satisfied. For example, a person may pay a premium to obtain the bond while separately pledging cash, real estate, a vehicle, or another accepted asset as collateral. Paying the premium does not automatically eliminate the collateral requirement.
What does bond exoneration mean?
Bond exoneration means the court releases the surety from its financial obligation under the bail bond. Exoneration can occur when the conditions requiring the bond have ended and the court formally discharges the bond according to applicable law. Bond exoneration is important for collateral because collateral generally becomes eligible for return after exoneration and satisfaction of all secured obligations. Exoneration does not normally require the refund of an earned bail bond premium.
Can a bail bond company keep your collateral?
A bail bond company generally cannot keep collateral after the bond is exonerated and all obligations secured by that collateral have been satisfied, except as permitted by the bail bond agreement and applicable law. Collateral may remain subject to lawful claims when secured amounts remain unpaid or covered losses have occurred. The circumstances under which collateral can be retained, applied, sold, or otherwise enforced depend on state law and the terms of the agreement.
Bail bond premium vs. collateral vs. cash bail: what's the difference?
The main difference between a bail bond premium, collateral, and cash bail is what each payment does. A bail bond premium pays a commercial bail bond company for providing the bond and is generally non-refundable once earned. Bail bond collateral secures obligations under the bail bond agreement and is generally returned after bond exoneration when all secured obligations are satisfied. Cash bail is paid directly to a court rather than to a commercial bail bond company. Eligible cash bail may be returned after the bail obligation ends, subject to applicable law and authorized deductions.
Can a bail bondsman revoke a bond?
Yes. A bail bondsman can generally seek to surrender a defendant and terminate the surety's liability on a bond when permitted by state law and the bond agreement. Reasons can include violating bond terms, failing to check in, increasing flight risk, or threatening the surety's financial risk. The court, however, controls whether bail itself is revoked.
Do you need a cosigner for a bail bond?
A cosigner is not legally required for every bail bond, but a bail bond company may require one based on its underwriting rules and financial risk. The cosigner, or indemnitor, agrees to reimburse covered losses or expenses under the contract. Requirements vary by company, bond amount, defendant risk, collateral, and state law.
What is a bail bond hearing?
A bail bond hearing is a court proceeding in which a judge determines, reviews, or modifies a defendant's pretrial release, bail amount, or release conditions. Depending on state law, the judge may consider flight risk, public-safety concerns, criminal history, the alleged offense, community ties, and the defendant's likelihood of appearing in court.
What does "bail bond exonerated" mean?
A bail bond is exonerated when the court releases the surety from further liability on the bond. Exoneration commonly occurs when the case ends, the defendant is sentenced or surrendered, or another event specified by law terminates the bond. Exoneration does not necessarily refund the bail bond premium, and collateral return depends on the bond agreement and outstanding obligations.
What is a bail bond cosigner or indemnitor?
A bail bond cosigner, often called an indemnitor, is a person who agrees to accept financial responsibility for obligations associated with the defendant's bail bond. An indemnitor may pay the premium, pledge collateral, guarantee payment obligations, and agree to reimburse the bail bond company or surety for covered losses and authorized expenses. For example, if a defendant fails to appear and a bond forfeiture ultimately causes the surety to pay the court, the indemnitor may become responsible for reimbursing the covered loss according to the bail agreement and applicable law. Signing as an indemnitor can create significant financial obligations, so it's worth understanding the premium, collateral requirements, indemnification provisions, and recovery expenses before signing.
What happens if a defendant misses court while out on bond?
If a defendant misses a required court appearance, the judge may issue a bench warrant and the court may begin bond forfeiture proceedings. A missed appearance does not necessarily mean the surety immediately pays the entire bond amount. State law establishes the forfeiture process and applicable deadlines, and depending on the jurisdiction and circumstances, the court may allow the forfeiture to be set aside, provide time to return the defendant to custody, or grant other relief before entering a final judgment against the bond. If the forfeiture becomes final, the surety may have to pay the amount ordered by the court, and the indemnitor may then be responsible for covered losses and authorized expenses under the bail bond agreement.
What is bail bond forfeiture?
Bail bond forfeiture occurs when a court takes action against a bond after the defendant violates a condition that can trigger forfeiture, most commonly by failing to appear for a required court date. Forfeiture does not always create an immediate final loss equal to the entire bond amount. State laws establish procedures and deadlines that may allow the surety to resolve the forfeiture before final judgment, and depending on the jurisdiction, returning the defendant to custody or establishing another legally recognized reason may allow the forfeiture to be set aside, discharged, or reduced. If the forfeiture becomes final and the surety must pay the court, the surety may seek reimbursement from an indemnitor or apply eligible collateral toward covered obligations when permitted by the agreement and applicable law.
What happens to a bail bond when the case ends?
A court generally exonerates a bail bond when the defendant has satisfied the bond's obligations or another legally recognized event terminates the bond's liability. Exoneration releases the surety from continuing liability under the bond, and the specific point at which it occurs depends on the jurisdiction and circumstances of the case. Exoneration does not normally require the bail bond company to refund an earned premium, since the premium and collateral pledged to secure the bond are separate. After exoneration and satisfaction of all secured obligations, collateral generally must be returned according to the bail bond agreement and applicable state law.
What happens when a bail bond is forfeited?
When a court declares a bail bond forfeited, the bail bond company and surety may take steps permitted by state law to resolve the forfeiture before it becomes a final financial loss. Depending on the jurisdiction, these steps can include locating the defendant, returning the defendant to custody, requesting that the court set aside the forfeiture, or satisfying other legal requirements for relief. If the forfeiture becomes final, the surety may have to pay the amount ordered by the court, and the surety or bail bond company may then seek reimbursement from an indemnitor for covered losses and authorized expenses under the bond agreement, with eligible collateral also potentially securing those obligations.
Are bail bonds public records?
Bail bond information is generally part of the public court record, but access varies by state and jurisdiction. Public records may show the bail amount, bond type, posting date, surety, and bond status. Private contracts, payment arrangements, collateral agreements, and other financial records between a defendant and bail bond company are generally not public court records.
How to become a bail bond agent?
Become a bail bond agent by meeting your state's eligibility and licensing requirements. Depending on the state, requirements may include prelicensing education, a licensing exam, fingerprints, a background check, an application and fees, and appointment by a surety insurer. Licensed agents may also face continuing-education, renewal, recordkeeping, and financial requirements.
What is a bounty hunter or bail recovery agent?
A bail recovery agent is a person who locates defendants who have failed to satisfy obligations associated with a commercial bail bond. The term "bounty hunter" is commonly used for this type of work, although legal titles and licensing requirements vary by jurisdiction. Bail recovery laws differ substantially between states: some jurisdictions permit licensed or otherwise authorized recovery agents to locate and apprehend defendants under specific circumstances, while others restrict or prohibit this activity. A bail bond company therefore cannot automatically use a bounty hunter in every state, since the authority to locate, apprehend, surrender, or transport a defendant depends on applicable federal and state law.
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