Same as virtually every legal term ever, a surety is frequently used incorrectly to indicate the premium paid for what is actually cash bail. A surety bond for bail, regardless of who is giving it, is a guarantee by a person or company that the courts hold in good regard that you will attend your future court date.
In the ideal case, this will be necessary because of your age or the fact that you have just gotten into town. People who are nineteen and still live with their parents don’t have any property yet, so they can’t have a good surety bond. But, it also happens because those who would be your surety otherwise are currently indisposed.
Finally, while there is a discussion about commercially provided surety affecting mostly lower-income houses, the truth is that that is the only type of bail possible in such cases. In such cases, it is much better to aim to be released on your recognizance (ROR) every time and appear in court every time.
For most people, surety bonds will be better than cash bonds. In such cases, there is no money being held by the state, which makes the whole process significantly cheaper, provided that you show up and follow court orders as you should.
When do Courts Request for Surety?
While the official definition is always the same, as surety is requested when the court doesn’t believe that the accused will appear in court on their own, this belief is measured differently in different states. Sometimes, there needs to be an obvious prior example of evading authorities. At the same time, at other times, it can be just the lack of proof that something ties you sufficiently to the community.
In California, for example, the court will request for surety if there are any types of damages cited in the case. Then, a person deemed to be in good standing (has a stable job or owns property) can simply guarantee to the court that the bail will be paid in full if the accused doesn’t appear in court.
There is no money changing hands, making a surety one of the least expensive ways to get bailed out. For defendants who can show goodwill, even when taking a surety bond from a commercial source, such as from a bail bondsman, this will be overall cheaper than taking out a cash bond.
Individual Surety Bonds
Although courts don’t distinguish between individual and commercial bonds, there are some differences between how these two institutions will affect the accused. Primarily, if you receive surety from your friends or family, they will usually not charge for that service.
Additionally, for some people it is possible that they can sign their surety bond themselves as a company or other legal entity that they own. In such cases, the company will be liable if the accused doesn’t attend the court date.
But, if an individual provides your surety and there is no contract, they can pull back it anytime by appealing to the court. This may make the whole issue slightly problematic if there is not enough trust between the surety provider and the accused.
Continuous vs. Single Surety
In most cases, if you give surety to someone you are guaranteeing that they will appear on their next court date. But that doesn’t mean that you will guarantee for every subsequent court date. In most cases, the person or legal entity giving the surety bond will either appear in court and be asked directly if they still agree or would need to give a written statement that they provide continuous surety to the accused.
If you are offering a commercial surety bond, those will usually be completely continuous. While these services will cost something and require a lean on some property, they will usually be cheaper than a cash bond, which has a strict 10% minimum.
Withdrawing a Guarantee
Both your bail bondsman as well as anyone else guaranteeing for you can withdraw their guarantee at any moment for any reason. They just need to tell the court that they don’t feel comfortable guaranteeing for you, and the judge will issue a bench warrant for your arrest and return to jail.
This is very uncomfortable for everyone, and you should do your best never to get into this situation in the first place. For individuals, ensure the person guaranteeing for you has your actual interests in mind, which usually indicates choosing family over friends.
For a bail bonds company, they first focus is on staying profitable for as little labor time as possible. If you can make yourself easy to reach, answer your phone, and respond to messages in a timely manner, they will be very willing to work with you and keep the fees reasonable.
Commercial Surety Bond
With a surety bond, there is no need to give any money to the court. Because of this, the bail bondsman is willing to offer a lower fee, provided you can guarantee it in some other way. For instance, the court will usually not allow a lean on a car as an assurance, while a bail bonds company doesn’t have an issue using this as collateral.
As the defendant, you will still be responsible for paying the full 100% of your bail amount if you miss the court date without a good reason. In the end, it’s all on you. The services bail bondsmen offer are there as a buffer so that you don’t need to find yourself in financial dire straits because of a small legal matter.
Generally, the cost of surety bonds will range between 1% and 10%, depending on your reliability. If you have a stable job and the punishment for your case is, at worst, a fine, you can pay the minimal amount. That means that on a $10,000 bond, you would need to pay only $100 as a fee.
In some cases, for those who can offer financial derivatives as collateral, such as your 401k, it is possible for the fee to be even cheaper. Because of this, it is important to be upfront and honest primarily with your lawyer, and then they will present your correct situation to your bail bondsman.