A bail bond is also known as a surety bond. A Bailbond is a monetary guarantee that a person who has been arrested and charged with a crime is going to fulfill all the orders of the court and is going to appear before the court when they are ordered. After a bond is posted, the defendant is released from custody on bail until his court hearing date. The courts are responsible for setting the bail amount depending on several factors, but most people want to be released immediately from jail rather than having to wait days in jail to see a judge.
This bail bonding process is a contractual undertaking, involving the licensed bail bondsperson, an indemnitor (person requesting the bail), and the court. This is the type of release mostly preferred by the courts because it guarantees that if the defendant “skips out on Bail” …which means the defendant fails to appear in court, the bails bonds agent will immediately attempt to locate the defendant, apprehend him or her, and then surrender them back to the court of proper jurisdiction.
Origins of the Bail Bond
The origins of the American bail system are uncertain. There are theories on how it came about. One is that it originated in the Anglo Saxon tribes of old England. These tribes used to take hostages and then release them when the promise of a certain person was fulfilled or a certain consequence achieved.
There is historical evidence that the person who provided the funds or services for the hostage could have been made to suffer the punishment of the prisoner if the prisoner himself had escaped.
In the modern bail situation the person putting up the bail is not seized, yet many say the modern bondsman is nothing more than an extension of this old security relationship. Both the old hostage and the modern bondsman assume a responsibility for another. One pledged his body, the other pledges his material wealth. In today's bail system, money has replaced people.
Others suggest that modern bail comes from the old English laws governing debt. They held that the one who was accused of committing a wrong, had to guarantee a payment to reimburse that wrong if he were found guilty later.