I was watching Major Crimes this week and it reminded me of Longmire.
In Major Crimes a young man has a million dollar bail. His mother posts the 10% to a bail bondsman --- that's $100,000. She makes the point that she's not getting that $100,000 back.
That's correct. The 10% of bail that you pay to the bail bondsman is their fee and it's non-refundable.
Unlike on Longmire where apparently bail bondsmen post bail out of the kindness of their hearts and don't keep the fee, but return it. So Connally gets his $100,000 (10% of Henry's million dollar bail) back. That was just so ridiculous.
I hope Longmire gets better writers on Netflix, because the ones it had on A&E didn't appear to know anything about the legal system or forensics.
There are several types of bail and most don't require an agent who charges their premium for the risk of the bond.
In September I cash bailed out my brother for 10,000. No property claims, no property assurance paperwork. Just my word and my money that I'd have him there for his court dates. An officer of the court specifically pulled me aside at his pre-trial hearing last month to discuss when my money is being returned to me and what I'll need to bring as it comes back to me as a physical check with a tax form rather than a bank cashier's check like I supplied them.
Surety Bail Enlisting a bail agent to write a surety bond for the defendant will be cheaper because you will pay a bail premium, which is just a percentage of the total bail amount. This is what is commonly known as a bail bond. The bail bond premium is non-refundable.
Cash Bail If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances. If the person does not show up in court, that money will be forfeited and you will not see it again. And if the defendant gets arrested again while out on bail, no refund will be given.
If a defendant is found not guilty, the bond is discharged; if the defendant pleads guilty, the bond is discharged at the time of sentencing.
Property Bond If you secured a property bond, it means you offered the real value of your property to the court in exchange for the defendant’s release. Property bonds are similar to cash bail in that the court will legally seize the property if the person does not show up in court.
You get $90k back if you post a 10% surety bond for a $1 million bail. It costs $10k for the bond, plus whatever other minor fees are included. SO the $100k bond would net a bondsman $10k USD, plus ancillary costs if the defendant goes to trial and is either convicted or acquitted.
This makes no sense. If the bail amount is 1,000,000 then the NON-REFUNDABLE fee a bailbonds will charge to put up the million is generally 10%, or 100,000. All that money is gone. Bye Bye.