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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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515 Pecan Blvd. McAllen,

Texas, United States 78501
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What is a Surety Bond Jail?

July 4, 2024

What is a Surety Bond Jail?: Everything You Need to Know

Ever wondered what happens when someone gets arrested and needs to get out of jail until trial? That’s where the concept of a surety bond jail comes in.


A surety bond jail is where a defendant can buy temporary freedom by paying a non-refundable percentage of the total bail to a bondsman.


In this post, we will cover everything you need to know about surety bond jails, including what they are, how they work, and what a bondsman does. Also, learn how a criminal defense lawyer can help if you or a loved one are facing criminal charges.

  • What is a Surety Bond Jail?
  • The Role of a Bail Bondsman
  • How Does A Surety Bond Jail Work?
  • Purpose of a Surety Bond Jail
  • Pros vs Cons: What a Surety Bond Involves
  • Conclusion: Why You Need Expert Criminal Defense

What is a Surety Bond Jail?

There are many ways to post bail, here are some common types of bail bonds:


  • Cash bond: Cash bonds are when the defendant pays the full bail in cash to the court. This is a guarantee that the defendant will show up to all court hearings.
  • Property bond: This is when a defendant uses their property (house or land) as collateral for their bail. If the defendant fails to show up in court the property will be seized to cover the bail.
  • Bail Bond: The most common type of bond, where a surety bondsman posts bail for the defendant in exchange for a non-refundable fee.
  • Personal Recognizance: Also called PR bond or personal bond. This is when the court allows a defendant to be released without posting bail, based on their promise to show up in court. Usually, this type of bond is given to low-risk defendants. (People without prior criminal history for example.)


Surety bond jails are part of the judicial system, it provides an alternative to keeping defendants in custody until trial. It also ensures that defendants show up to court and take responsibility for their actions. But note that bail is not always granted especially if the defendant is a flight risk or has committed a serious crime.


Failing to comply with the terms of bail can result in arrest, revocation of bail, and additional charges.


If the defendant fails to show up in court the bail bondsman can hire a bounty hunter to track down and apprehend the defendant. This is because the bail bondsman is financially responsible for paying the full bail if the defendant doesn’t show up for their court date.


Related: ROR Bail: What You Need to Know

The Role of a Bail Bondsman

A bail bondsman, also known as a bail agent or surety bondsman, is a person or company that provides bail bonds to defendants. They act as a guarantor for the defendant and are responsible for ensuring that the defendant appears in court. In exchange, they charge a nonrefundable fee, usually around 10% of the total bail amount.

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Bail bondsmen are licensed professionals who have extensive knowledge of the judicial system and specifically, the bail process. They work closely with defendants and their families to secure their release from jail while awaiting trial. In some cases, they may require collateral or a co-signer in order to post bail on behalf of the defendant.

How Does A Surety Bond Jail Work?

When someone is arrested and taken to jail they have two options: They can either pay the full bail amount themselves or seek help from a bondsman by paying a percentage of the total bail amount. If they choose the latter option they must sign a contract with the bondsman, called a surety bond agreement.

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The agreement states that the defendant will appear in court for all scheduled trial dates. If they fail to show up the bondsman will pay the full bail to the court. To ensure the defendant shows up in court the bondsman may also require collateral from them, such as property or assets.


Surety bail bonds are a financial agreement between the defendant, the bondsman, and the court. By paying a percentage of the bail amount upfront the defendant can be released from jail during the trial period. If the defendant complies with the conditions of his bail and shows up to all court dates there will be no further financial obligation. But if the defendant fails to show up in court or violates his bail conditions the bondsman will pay the full bail to the court.

Purpose of a Surety Bond Jail

The main purpose of surety bond jail is to provide defendants with an alternative way to get temporary freedom while waiting for trial. It allows defendants who can’t afford to pay the full bail amount to still get out of jail. It also benefits the court system by reducing overcrowding in jails and ensuring that defendants show up to court.


Another purpose of surety bond jail is to protect both the defendant and the bondsman. By paying a non-refundable percentage of the total bail amount the defendant can avoid spending time in jail and continue with his daily life until his case is resolved. Meanwhile, the bondsman acts as a guarantee to the court that the defendant will show up to all required court dates.


Related: What Happens When a Criminal Complaint is Filed Against You?

Pros vs Cons: What a Surety Bond Involves

Surety Bond Jail is an alternative to paying the full bail amount upfront. While it has its advantages it also involves risks and disadvantages that should be considered before choosing this option.


Pros:

  • Saving Money: Defendants can pay a smaller percentage of the bail amount, more affordable.
  • Freedom: Temporary freedom gives a sense of safety and gets rid of the dangers of being in jail. This allows defendants to continue working or fulfilling other responsibilities while awaiting trial.


ï»żCons:

  • Financial Risks: Bonding someone else can lead to financial consequences if the defendant fails to comply with the bail conditions.
  • Uncertainty: There’s uncertainty about the defendant’s compliance with the bail conditions during the trial period. Failure to comply with the conditions will have the defendant be taken back to jail.
  • Loss of Collateral: If the collateral is used to secure the surety bond and the defendant fails to show up in court the collateral will be forfeited.


Remembering these pros and cons you should weigh all your options before choosing a surety bond. It’s also recommended to consult a lawyer or a reputable bail bond company for advice and assistance. In some cases like when the bail amount is too high a surety bond is the only option. But if there are other options available you should weigh the risks and benefits before you decide.

Conclusion: Why You Need Expert Criminal Defense

Having expert criminal defense is paramount when navigating the complexities of the legal system. Having an expert defense is key when dealing with the legal system. Experienced defense attorneys bring so much knowledge and expertise that can make a big difference in the outcome of the case. They know the ins and outs of the legal process, can build a strong defense and protect the rights of the defendant all the way. Plus they can negotiate with prosecutors to reduce charges or get a good plea deal.


The Law Office of Rolando Cantu is committed to giving you top notch criminal defense and get you the best possible result for your case. We know how to use all the available resources like surety bonds to get a good defense for our clients. Call us now for a consultation and see how we can help you. Remember when faced with criminal charges having an expert defense on your side makes all the difference.

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