Bondsmen

A bondsman, also called a bail bondsman or bail bond agent, is a licensed intermediary who posts bail on behalf of a defendant to secure release from custody while a case proceeds. The bondsman acts as a surety to the court, guaranteeing the defendant’s appearance at required hearings in exchange for a fee.

In practice, a defendant (or their attorney) may contact a bondsman to arrange release. The bondsman charges a nonrefundable fee, commonly a percentage of the bail amount set by the court, and may require collateral such as property, vehicles, or other valuables. If the defendant complies with all court appearances, the bond is discharged and the collateral, if any, is returned, less any fees. If the defendant fails to appear, the bondsman is responsible for paying the full bail amount to the court and may pursue recovery from the defendant or the collateral, and in some jurisdictions may hire agents to locate and return the person to custody.

Bail bonds can take several forms. A cash bond involves the defendant or a third party posting the full amount in cash. A surety bond involves the bondsman posting bail and charging a fee. A property bond uses real estate as collateral. Immigration bonds are a specialized category used to secure release in immigration proceedings.

Regulation of bondsmen varies by jurisdiction but typically involves licensing, background checks, education or examinations, and periodic renewal. Oversight may be conducted by state departments, licensing boards, or the judiciary. The practice is the subject of ongoing policy debates regarding fairness, access to justice, and the economics of the bail system.