Pub. date: 2004 | Online Pub. Date: September 15, 2007 | DOI: 10.4135/9781412952415 | Print ISBN: 9780761926498 | Online ISBN: 9781412952415| Publisher:SAGE Publications, Inc.About this encyclopedia
Bondsman or Bail Agent
Dennis Alan Bartlett
Bail is the means by which the U.S. criminal justice system permits the release of a defendant from custody while ensuring his appearance at all required court proceedings. Bail (from the French bailler , to deliver) is the legacy of Anglo-Saxon jurisprudence wherein defendants were delivered to their sureties, who gave security for their appearance. Current practice allows a number of kinds of bail, the most common of which are the following: 1. Deposit bail, usually 10% of the face amount of the bond, deposited with the court, returnable to the defendant upon making required appearances. 2. Own recognizance release, wherein the defendant is released on his or her promise to appear, but liable for the full amount of the bail should he or she default in appearing. 3. Financially secured release through a commercial surety, called a bondsman or bail agent. (The commercial bond approach is by far This ...