A bail bond is a contract between the bond agent and the person taking the responsibility to see that the defendant appears in court. The role of a bail bond agency, like Alda Pauline's Bail Bonds, is to guarantee the full amount of the defendant's bail as insurance that the person will appear in court. In return for its services, the bond agency charges a percentage of the full bail amount.

However, the amounts and conditions of bail vary widely among different jurisdictions. Consequently, it helps to have a general understanding of key factors related to posting bail.

Does everyone who is arrested need a bail bond?

Although the purpose of a bail bond is to guarantee that a person charged with a crime returns to court, not everyone who is arrested needs a bail bond to be released from jail. Individuals who are first-time offenders or charged with less violent crimes often are considered low flight risks and are released on their own recognizance (O.R.) after arrest.

A judge may also take into account a person's employment, length of residence in the community, and whether the person has family in deciding whether to release a defendant on his or her own recognizance while the case is pending.

If the person fails to appear in court on the scheduled date, the judge can revoke the O.R., set bail, and issue a warrant for the person's re-arrest. Failing to appear in court can lead to additional charges in the form of fines and/or jail time.

Is appearing in court the only stipulation for having a bond released?

The amount at which bail is set is returned when the person is sentenced or acquitted, or the case is dismissed. In addition to appearing in court, there may be other conditions for getting bail money reimbursed. For example, the court may require that the defendant enroll in a drug and alcohol program before bond will be released. Sometimes the court or bondsman requires the person to remain in that city or state while waiting on trial. In some states, the defendant must be cleared of the charges to get the bail money back.

Are there bail bondsmen in every state?

Not all states allow bail bondsmen. In states where private bail bonds do not exist, a defendant must pay the full amount of bail to get out of jail. The judge sets the amount of bail regardless if private bail bonds are offered. Depending on the state court jurisdiction, whether bail is posted as cash or as a bail bond, the money is deposited with the clerk of the court or a bail bond company until the court case is finished.

Getting a bail bond means the money is secured by a bail agent who acts as a lender. In cases where the person can't post cash bail or get the money financed through a bail agent, he or she remains in jail until the trial date.

What does it mean to post cash bail?

If cash bail is posted in the courthouse, the person usually is released following the arraignment. Some counties will accept only cash in the exact amount when posting cash bail. Others require the bail money in the form of a cashier's check or money order made out to the clerk of court. In some cases, defendants may use major credit and debit cards for posting cash bail.

But not all jurisdictions allow cash bail. Court jurisdictions often require a licensed bond agent to guarantee bail. In many cases, the person posting the bond must put up assets, such as real estate, jewelry, or other valuables, as collateral -- details some governmental jurisdictions prefer not to deal with. Some also prefer leaving the job of apprehending those who skip bail to a bond agency.