Below is a list of terms you should be familiar with if you or a loved one has been arrested, convicted, charged, or suspected of a crime.
Bail Bond Glossary
Arrest
Individuals that have committed a crime are arrested and taken to the county jail by law enforcement. They are detained in jail until they can make bail or go to court.
Jail
County detention center where criminals are detained under law; either serving a sentence or awaiting trial.
Inmate
A person that is detained in jail for committing a crime; either serving time or awaiting trial.
Bail
Money paid in place of an inmate’s temporary release from jail while awaiting their initial hearing. Individuals who deposit the bail take on the responsibility of the inmate. They have to forfeit the money paid if the inmate fails to appear for their hearing.
Bail Bond
A written contract used to release an inmate from legal custody, usually between a bail bondsman and/or other surety; but only upon the guarantee that an inmate appear for their scheduled court hearing. If they fail to appear, the bail bondsman or guarantor forfeits the money paid for their release from jail. If the inmate shows for their hearing, the guarantor or surety receives their money deposit back in full.
Bail Bondsman
A person or company that acts as a surety and pledges the full bond amount to the courts in trade for an inmate’s release from jail; on the guarantee that the inmate appear for their court date, otherwise forfeiting the money paid. These agencies charge a non-refundable fee that is a legally-mandated percentage of an inmate’s total bond amount (Generally 10-15%).
Indemnitor
The person that co-signs, guarantees, and is responsible for an inmate’s appearance in court. The indemnitor is held accountable for the entire bond amount, plus additionally incurred fees (i.e. fugitive recovery fees, filing fees, processing fees, legal costs, etc.), if an inmate misses their hearing.
Collateral
Property given in place of cash to a bail bondsman in trade for services rendered (i.e. boats, cars, fine jewelry, real estate, etc.).
Failure to Appear – FTA
Absent for scheduled mandatory court hearings. This is an additional criminal charge.
Forfeiture
In the case of an FTA, an indemnitor or guarantor must pay courts bond in full or relinquish collateral pledged for an inmate’s bail. The courts generally send a “Notice of Forfeiture” to the bail bondsman to disclose an inmate’s FTA and date in which the bond amount must be paid in full to the court.
Fugitive
An inmate that has failed to appear for their scheduled court date, an escapee from a corrections facility, or individuals that have a warrant out for their arrest.
Arrest Warrant
A legal decree that gives law enforcement permission arrest an individual that is a known fugitive or suspected of a crime. FTA’s also have warrants issued for their arrest. For example, if a person is pulled over for a traffic violation and has an arrest warrant, they can be arrested and taken to jail on the spot.
Aiding and Abetting
Knowingly providing money, food, help, assistance, or shelter to a fugitive.
Now that you have a better understanding of what terms and jargon to expect when getting involved in legal dealings and the bail industry, you can be confident contacting a bail bondsman for professional guidance and service. Choose a bail bond company that has an established and respected reputation within your community. They will have the best relationships with the local law enforcement, jails, and courts.