Reasons For Honoring Bail

There are generally very few people that would purposely miss a court date because the consequences of these actions are just too risky. There are people, however, who may have a bad habit of being irresponsible with legal situations and may end up missing their court dates just because they are not taking their situation seriously enough. There are many reasons why bail bonds and the commitment of bail should be honored and respected. Family members and loved ones usually are responsible for taking the time to bail the other individual out of jail, putting a large risk upon themselves.

If the individual’s bail was high, then the family member or loved one usually had to put up some form of collateral in order to get that person out of jail. If the person doesn’t honor their bail bond, then they may cause the individual to lose the collateral that had been put up. Likewise, the bail bond company puts their faith in the individual in regards to showing up for the court date. They will become liable for the full amount of the bond if the individual doesn’t show up. When this happens, they are forced to send other people -- such as bounty hunters -- to look for the missing individual in order to ensure that they end up in jail and that the financial issue is taken care of. This puts the individual in a worse situation than they originally began with when they first had the bail posted for them.

Understanding Bail Bonds

A bail bond, also known as a surety bond, is defined as a “formal, legally enforceable contract between a first party (the principal or obligor), a second party (the customer or obligee), and a third party (the surety, such as a bank, bonding company, or insurance company) whereby the surety guarantees payment of a specified maximum sum, or to otherwise compensate (indemnify), the obligee against damage or loss caused by the actions (or a failure to perform) of the obligor)." Bail bonds guarantee that the defendant will appear in court every time that he or she is ordered to do so based on requests by the court.

If the defendant doesn’t attend court as requested, then the bond will be forfeited and the defendant will be issued an arrest warrant. The statutes for this vary from state to state, although in most cases the defendant will be subject to apprehension and arrest. The cost for bail bonds tend to vary from state to state and may be based on statutory rates or rates that have been filed by the insurance company that has underwritten the bond. Depending on the defendant’s criminal history (if any), collateral may be needed. A collateral receipt should be provided when the bond is written. The return of the collateral is based on statutes in most states; it should be held in trust for the party that is arranging the bail.

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