# What Is a Bail Bond, and Do You Get Bail Money Back?

![Bail Bond](https://www.investopedia.com/thmb/VuEPxyjMckV_ygebYzFEfm1oObI=/1500x0/filters:no_upscale():max_bytes(150000):strip_icc()/bail-bond.asp_final-a917e77f41454665b139f84f89be9129.png)

*— Ellen Lindner / Investopedia*

## What Is a Bail Bond?

A bail bond is an agreement by a criminal defendant to appear for trial or pay a sum of money set by the court. The bail bond is co-signed by a bail bond agent, who charges the defendant a fee in return for guaranteeing the payment.

### Key Takeaways

*   A bail bond co-signed by a bail bond agent is posted by a defendant in lieu of full payment of the bail set by the court.
*   The bail bond serves as surety that the defendant will appear for trial.
*   Judges typically have wide latitude in setting bail amounts.
*   Bail bond agents generally charge 10% of the bail amount upfront in return for their service and may charge additional fees. Some states have put a cap of 8% on the amount charged.
*   The bail system is widely viewed as discriminatory to low-income defendants and contributing to the mass incarceration of young Black men.

## How a Bail Bond Works

A person who is charged with a crime is typically given a [bail hearing before a judge](https://www.investopedia.com/terms/a/arraignment.asp). The amount of the bail is at the judge’s discretion. A judge may deny bail altogether or set it at an astronomical level if the defendant is charged with a violent crime or appears likely to be a flight risk.

Judges generally have wide latitude in setting bail amounts, and typical amounts vary by jurisdiction. A defendant charged with a nonviolent misdemeanor could see bail set at $500. Felony crime charges have correspondingly high bail, commonly $20,000 or more.  

Once the amount of the bail is set, the defendant’s choices are to:

*   Remain in jail until the charges are resolved at trial
*   Arrange for a bail bond
*   Pay the bail amount in full until the case is resolved

In the last instance, courts in some jurisdictions accept [title to a home](https://www.investopedia.com/articles/mortgages-real-estate/08/title-ownership-property.asp) or other [collateral](https://www.investopedia.com/terms/c/collateral.asp) of value in lieu of cash.

## What a Bail Bond Agent Does

Bail bond agents provide written agreements to criminal courts to pay the bail in full if the defendants whose appearances they have guaranteed fail to appear on their trial dates. Bail bond agents generally charge 10% of the bail amount upfront in return for their service and may charge additional fees. Some states have put a cap of 8% on the amount charged.

The agent may also require a statement of [creditworthiness](https://www.investopedia.com/terms/c/credit-worthiness.asp) or may demand that the defendant turn over collateral in the form of property or securities. Bail bond agents generally accept most property of value, including cars, jewelry, and houses as well as stocks and bonds. Once the bail or bail bond is delivered, the defendant is released until trial.

## Types of Bail Bonds

There are several different types of bail bonds, including but not limited to:

*   **Surety Bonds**: [Surety bonds](https://www.investopedia.com/terms/s/surety.asp) are the most common type of bail bond and involve a bail bond agent or surety company providing a financial guarantee to the court that the defendant will appear for their scheduled court appearances. The bail bond agent or surety company acts as a third party that promises to cover the full bail amount if the defendant fails to appear.
*   **Cash Bonds**: Cash bonds involve paying the full bail amount directly to the court in cash or via a certified check. This type of bond is straightforward: once the bail is paid, the defendant is released from custody until their court date. If the defendant meets all court requirements and attends all scheduled hearings, the full bail amount is typically refunded at the end of the case, minus any administrative fees imposed by the court.
*   **Property Bonds**: [Property bonds](https://www.investopedia.com/terms/m/mortgage_bond.asp) use real estate or other valuable property as collateral to secure the bail amount. The defendant or their representative pledges property such as a house, land, or vehicle to the court to cover the bail. If the defendant fails to appear in court, the court may foreclose on the property to recover the bail amount.
*   **Federal Bonds**: Federal bonds are specifically designed for defendants facing federal charges and are generally more complex than state or local bail bonds. These bonds often require specialized bail bond agents with expertise in federal regulations and procedures.
*   **Citation Bonds**: Citation bonds, also known as “OR” (own recognizance) bonds, are issued when a defendant is released from custody based on their promise to appear in court without needing to post bail. This type of bond is often granted for minor offenses or first-time offenders with no prior criminal record.
*   **Signature Bonds**: Signature bonds are similar to citation bonds but require the defendant to sign a pledge to appear in court. No money or collateral is required upfront; instead, the defendant’s signature acts as a guarantee.

## Determining the Bail Bond Amount

The bail bond amount is determined by a judge based on several factors, including the severity of the alleged offense, the defendant's criminal history, and the perceived risk of flight. For more serious charges, a judge may set a higher bail. The judge may also consider the defendant's ties to the community to assess the likelihood of their return to court.

> **Fast Fact**
>
> In some jurisdictions, bail schedules provide a guideline for setting bail amounts based on the nature of the crime. These schedules list standard bail amounts for different offenses, but judges have the discretion to adjust the bail according to the specifics of the case.

## When Bail Bonds Are Non-Refundable

The situations below are meant to be vague, as everyone's situation will be different. In general, there are some broad situations where bail bonds are not returned and could be considered non-refundable. Note that there may be exceptions to each of these situations. Broadly speaking, you may not get your bail bond back under these cases:  

*   **Someone Pays Bail Bond Fee**: When a bail bond is secured through a bail bond agent, the defendant or their representative usually pays a non-refundable fee. This could be something like 10% of the bond amount. This fee compensates the bail bond agent for their services and the financial risk they assume by guaranteeing the bail amount.
*   **Defendant Fails to Appear in Court**: When the defendant fails to appear in court, it triggers the bail bond agent's liability for the full bail amount. The bond agent may also pursue legal action to recover the amount from the defendant or their co-signers, and additional penalties or forfeiture of collateral may occur if the defendant's absence leads to a breach of the bond agreement.
*   **Bond Conditions Violated**: The conditions of the bail bond agreement are established to ensure the defendant complies with legal requirements and behaves appropriately while out on bail. If the defendant violates these conditions—such as by committing additional crimes, failing to adhere to travel restrictions, or engaging in prohibited activities—the bail bond agent's risk increases. The violation of bond conditions can lead to forfeiture of the bond amount.
*   **Misrepresentation or Fraud**: If the bail bond is obtained through [misrepresentation](https://www.investopedia.com/terms/m/misrepresentation.asp) or fraudulent information provided by the defendant or their representative, the bond agent may cancel the bond and pursue legal action to recover any losses. If there are refundable fees, those may be lost.

## Bail Bond Example

Suppose that New York resident Melissa has broken the law, and the court has set her bail at $25,000. Although Melissa doesn’t want to stay in jail while her court case is being reviewed, she doesn’t have the $25,000 in cash. As such, Melissa decides to reach out to a bail bond agent to post a bail bond.

In return for their services, the bond agent is paid 10% of the bond, or $2,500. For the remaining $22,500, the bond agent secures an equivalent amount in collateral from Melissa or someone in her family. Melissa complies with the court’s requirements and shows up to her court dates, so she receives the $22,500 in collateral back at the end of the trial—$2,500 less than what she would have received had she paid the bail herself.  

## How Do Bail Bonds Work?

Bail is basically collateral paid to a court as a guarantee that a defendant will appear on their court date. The amount is set by a judge, and the defendant must pay it or go to jail to await trial. Bail bond agents are like loan agents for bail, accepting a fee and paying the bail for the defendant. Bail bond agents accept various forms of collateral, including real estate, cars, credit cards, stocks, bonds, and jewelry.

## What Is the Cheapest Bail?

It depends on the bail bond agent and what they offer to defendants.

## What Happens When You Have a Bond?

When you have a bail bond, you're required to pay it or go to jail to await trial.

## The Bottom Line

Bail is collateral set by a court to influence a defendant to appear for trial. The bail bond, which is a type of surety bond, is co-signed by a bail bond agent, who charges the defendant a fee in return for guaranteeing the payment.

> **Article Sources**
>
> 1.  Palmetto Surety Corporation. "[Bail Bondsperson Defined: A Comprehensive Guide](https://www.palmettosurety.com/2025/01/bail-bondsperson-meaning/)."
>     
> 2.  Palmetto Surety Corporation. "[The True Cost of Freedom: How Much Does a Bail Bond Cost?](https://www.palmettosurety.com/2024/10/how-much-does-a-bail-bond-cost/)"