Many arrestees lack the financial power to post their own bail. To get released from jail, they often have no choice but to contract a commercial bond agent from a professional company such as Marvin Morgan's Bail Bonds Company, to act as surety for the bond. After collecting a nonrefundable fee of 10 to 20 percent from the defendant or his family or friends, the agents can immediately post bail. In case the defendant cannot afford to pay the agent as security, the agent can obtain other collateral, such as jewelry, securities, or something else of value. The bail bond agent in return agrees to pay the remaining amount to the court if the defendant fails to appear.
In the U.S. alone, there are around 14,000 bond agents, working in companies like Marvin Morgan Bail Bonds. In most states, bond agents need to be licensed. In order to obtain license, the applicants must meet certain educational requirements. This giver potential bail bondsman appointed by an insurance company, the right to write bail bonds.
In case a defendant fails to appear to trial, and cannot be located, the bail agent is responsible for the bond payment. The bondsmen from Marvin's Bail Bonds, as well as many others, have arrangements with local courts, under which they agree to post a bond. These bonds free the bondsman from depositing cash or property every time they take on a new client. If any of a bondsman's clients fail to appear at trial, the court is eligible to keep the bond.
In order to ensure a defendant's appearance in court, bail bond agents sometimes check defendants by telephone or in person, or they can even monitor the defendant in some other way. In rare cases, a bail bondsperson may place a guard on the defendant. If the agent concludes that the defendant is not likely to fulfill his obligations of the bond, then he is not obligated to post bail.
Some states have outlawed the practice of posting bond for profit. Other jurisdictions allow commercial bail on a limited basis.
