An alternative to cash bail is the posting of a surety bond. This process involves a contractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the face value of the bond. The bail agent guarantees to the court that they will pay the bond forfeiture if a defendant fails to appear for their scheduled court appearances. The bail agent's guarantee is made through a surety company and/or by the pledge of property owned by the agent.
For this service, the defendant is charged a premium. To be released pursuant to the posting of a surety bond, the arrestee or a relative or friend of the arrestee, typically contacts a bail agent, an individual licensed by the State of California to post surety bonds. Prior to the posting of a surety bond, the bail agent undertakes a detailed interview of the proposed guarantor of the surety bond, as well as of the arrestee and relatives of the arrestee, as part of the underwriting procedure for bond.
By involving the
family and friends, as well as through the acceptance of collateral,
the bail agent can be reasonably assured that an individual released
on surety bond will appear at his or her appointed court date, as
required, until the case is adjudicated.
After this procedure is concluded, if an agreement is reached, the
bail agent posts a bond for the amount of the bail, to guarantee the
arrestee's return to court.
With his money on the line, a bail agent has a financial interest in
supervising bailees, and ensuring that they appear for trial. If a
defendant "skips", the bail agent has time and the financial
incentive to find him/her and bring him/her in. Significantly,
commercial bail bond agents profit only when the defendant shows up
for trial. Judges acknowledge that bail agents have highly efficient
methods to get defendants to court.
