By Tonya Page-Rynerson

Understand your options before you sign a bail contract

Every day, I work with clients from many different backgrounds, professions, and financial situations. They all have one thing in common: a loved one is in jail and needs help. It's a stressful time for families. They're worried about the safety of the person in jail and anxious to arrange bail as quickly as possible. Because most people can't afford to pay the entire bail amount in cash, they turn to bail bond agents for help.

Cost of a Bail Bond

California, like most states, tightly regulates the bail bond industry. The cost of a bail bond is set by state law, and bail agents can't legally charge any more - or less. Be very careful if a bail bondsman offers a discount bail bond fee. It may sound like a good, money-saving deal, but could also be illegal. Bail bond agents who ignore state laws may not keep their promises to clients either.

In California, the fee for most bonds is set at 10% of the total bail amount. For example, if the court sets the bail amount at $25,000, which is average in Southern California, then the bail bond company's fee is $2,500 and it is not refundable. Many bail bond agents offer flexible financing and payment options that don't require collateral. Look for a licensed agent who will work with you to find a payment solution tailored to your individual needs.

Bail Payment with Cash or Credit Cards

Bail bond companies take cash as payment, generally in advance of service. However, paying for a bail bond with a credit card may be the most convenient form of payment for the client and the bondsman.

Paying by credit card is the quickest way to expedite the bail process and thereby get the defendant out of jail faster. With a credit card payment, bail payment and bail bond paperwork can be completed by email or fax. Clients are surprised to find that they can arrange bail without coming to the office. This convenience helps them avoid going out late at night or taking time off work to complete the bail contract process. Paying for a bail bond by credit card often is the best option for parents of college students or anyone who lives far away.

No-interest Bail Financing

For some families, even 10% of the bail amount presents a financial challenge. Some clients either don't have a credit card or a large enough credit line to pay the bail bond fee. Some bail companies offer payment plan options to clients, and a few charge interest on bail payments. Look for an agent who offers interest-free bail financing, and make sure you know exactly what you're agreeing to before you sign.

You don't have to have a perfect credit to qualify for a payment plan. Generally, you need to have credit and use it responsibly. Several factors come into play for determining a payment plan: length of residency, employment and arrest history, ability to make payments and other factors.

When you work with a bail bondsman to arrange a payment plan, be realistic about your budget. Don't offer to pay $500 per month when you can only afford $250. The bail bond company will require you to make a down payment that represents a commitment to pay the remainder of the fee.

What's most important is that the client demonstrates a serious attitude about the situation. If the person charged fails to appear in court, then the person who signed the bail contract is liable for the entire bail amount. Never agree to bail someone out if you think that person may not return to court.

Real Estate Liens and Collateral Bonds

Clients often use a real estate lien when the bail is a high-dollar amount - $100,000 or more. It may also be necessary if the person has one or more high-risk factors: few ties to the community, short work history, or other such extenuating circumstances. A real estate lien provides incentive for the person arrested to return to court. The person knows that the family member who signed the bail contract has put his or her house on the line and could lose the property if the defendant skips bail.

The law requires the bail bond company to return all collateral and release all liens when the defendant's case is completed. It is advisable to contact your bail agent as soon as possible to arrange for release of the lien. The bondsman will release the lien anyway once notified of completion of the case by the court, but often courts are slow to move on notification. When someone puts up their home, they don't want a lien any longer than necessary.

Arranging Bail Directly with the Jail

Some families choose to work directly with the jail. Bail payment options with the court are usually limited to cash, cashier's check, or property bond. Each carries its own set of problems:

• Cash: The person must pay the full amount of the bond (not 10%) to the jail. Few people keep that much cash on hand. Even fewer are comfortable carrying thousands of dollars through the neighborhoods surrounding most jails. Additionally, the cash is tied up for the duration of the case, which could be months or even years.

• Cashier's check: This is safer than cash, but banks aren't open on weekends and holidays - and you still have to pay the full amount of the bond without access to the funds until the case is complete.

• Property bond: Arranging bail with a property bond is a complicated process that takes as long as an average real estate transaction, often weeks or even a month to complete and obtain release of the defendant. The property value must be appraised at 150% of the bail amount and a title search is required.

It's difficult for most people to meet these requirements quickly, so they turn to a bail bondsman. That's a good option. Bail agents understand the jail system, the arrest and booking process, and know how to process the bail as quickly as possible.

Because there are so many options, talk with your bail bond agent to determine what's best for you and your family. Always deal with a licensed, reputable agent who explains all fees and charges before asking you to sign a bail contract.

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