SURETY BONDS

Another alternative to a cash bail is the posting of a "surety bond." This process or type of bond involves a contractual undertaking guaranteed by an admitted insurance company having adequate assets to satisfy the face value of the bond. The agent or company guarantees to the court that they will pay the bond forfeiture if a defendant fails to appear for their scheduled court appearances. The company or agent's guarantee is made through a surety company and/or by the pledge of property owned by the agent or company. For this service, the defendant is charged a premium. To be released pursuant to the posting of a surety bond, the arrestee, or a relative or friend of the arrestee, typically contacts an agent or company or an individual licensed by the State to post surety bonds. Prior to the posting of a surety bond, usually a detailed interview of the proposed guarantor of the surety bond, as well as of the arrestee and relatives of the arrestee, as part of the underwriting procedure for bond, will occur. By involving the family and friends, as well as through the acceptance of collateral, the issuer can be reasonably assured that an individual released on surety bond will appear at his or her appointed court date, as required until the case is adjudicated. After this procedure is concluded, if an agreement is reached, the issuer posts a bond for the amount of the bail, to guarantee the arrestee's return to court. With the issuer's money on the line, the issuer has a financial interest in supervising the bailees, and ensuring that they appear for trial. If a defendant "skips," the issuer has a financial incentive to find him/her and bring him/her in. Significantly, commercial bail bond issuers are always concerned about whether a defendant will show up for his or her trial or hearing.

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