How Bail Bonds Work And What You Pay

Who Sets The Bail Amount

A judge sets bail at the first court date, or the jail uses the county bail schedule right after booking. The amount depends on the charge and the person's record. Call the jail or use its inmate search to learn the amount.

Three Ways To Post Bail

You can pay the full amount in cash to the court or jail, post property in some states, or hire a licensed bail agent who posts a surety bond. With cash bail there is no fee, and the money comes back after the case if every court date is kept. With a bond you pay only the fee, but it is not returned.

What The Bail Agent Charges

The fee is called the premium. Eighteen states write a rate, a top rate, a range or a lowest rate into law, most often between 10 and 15 percent. Twenty six leave it to the rate each company files with the state insurance department. The state list shows the rule for each state with a link to the law.

What The Co Signer Agrees To

The person who signs for the bond, often a parent or partner, agrees to pay the full bail if the defendant does not come to court and is not found. Agents may ask for collateral to cover that risk. Read the indemnity agreement before you sign it.

When You Get Collateral Back

When the case ends or the court exonerates the bond, the agent returns the collateral. The fee stays with the agent. If the person misses court, the court can forfeit the bond and the agent can go after the collateral.

For California, the rules on what a co signer can owe are laid out in this co signing guide and the rules on getting collateral back in this collateral guide, both on our sister site Bail Bonds Person.

Release Without Paying Bail

Many people are released on their own recognizance, a signed promise to come back to court with no money paid. Jail Bails explains own recognizance release state by state.

Where Commercial Bail Is Not Used

Seven states have no paid bail bonds. Illinois ended money bail in 2023. Kentucky, Wisconsin and Massachusetts bar paid sureties in law. Oregon, Maine and Nebraska have no bail agent licensing and use deposits paid to the court. In the District of Columbia paid bonds are legal but rare, because DC law limits money bail that would keep someone in jail.