Bail Bond Forms 101: What You Need to Know

What is a Bail Bond Form?

A bail bond form is an official legal document that is used in the criminal justice system to allow a person charged with a criminal offense to be released from custody. The primary function of a bail bond form is to ensure that the defendant appears at all future court dates in relation to the case. The form is essentially a written promise by the defendant to the court that they will return for their court hearing and face their charges, in exchange for their freedom while awaiting trial.
In most criminal defense cases, when a defendant is arrested and charged with a crime, they are taken into custody at the local county jail until such time that they can either post bail or their case is resolved. A judge will determine a monetary amount for the bail amount, based on the charges that the defendant is facing and their criminal history.
In some cases, a defendant may be deemed not trustworthy or high risk enough for a conditional release and granted a full cash bail, which usually amounts to several thousand or even tens of thousands of dollars. This amount must be paid in full to the court clerk before the defendant is able to leave jail.
In other scenarios, the bail can be posted without the need for a full cash payment, via a bail bond form. There are many bail bond service companies available in each state that offer this type of service. The defendant will need to present appropriate documents to the bonding company to demonstrate their ability to appear in court , including ID, personal references, proof of employment and residency and possibly other information. The bonding company will leverage their own amount of cash to post for the defendant, which will allow the bond company to take the defendant’s monthly payments as an alternative to one lump cash sum.
Once the bonding company has posted the bail in the amount of the bond, the defendant will be released from custody and should appear at all future dates in court. If the defendant fails to appear in court, the bonding company will have their own collection team pursue the individual until they are found and detained, or the court will issue a warrant for their arrest. In this case, the defendant will be responsible for the whole bail amount and any additional fees the bonding company incurs while locating them.
It’s important to understand how a bail bond form works, because it can make the difference between sitting in jail for an extended amount of time or going home and tending to your family and career while you await your court hearing. Many bailed defendants find that their case ultimately results in a dismissal or acquittal, so having the freedom to return to normal activities during the process can really make a huge difference.

The Anatomy of a Bail Bond Form

A bail bond form typically consists of several sections. Here are the components:
Personal Information – the front of the form will ask for personal information such as name, address, phone number, social security number, date of birth, gender, employer name and phone number.
Financial Information – the form will ask assets in order to establish whether the defendant is a risk of flight. In this section you will list things such as bank accounts, signature on the account, premiums you pay, any interest you receive, locations of the accounts and so forth.
A list of all individuals who have any financial interest in any business operating with respect to your signature. It will also ask about your assets including:
Legal Obligations – there may be several forms you have to complete depending upon the specific industry that loan is related to.
This is an important part of the bail bond process. Your bondsman needs to know your income, assets and debts—often the debt portion will include any criminal restitution payments or court-ordered payments that you are responsible for, plus any other obligations you may have to the arresting agency like jail fees or court costs.
It’s not uncommon for many bondsmen to go through your credit report to validate the information being provided, though this doesn’t happen in every case.

How to Complete a Bail Bond Form

When filling out a bail bond form, it is important to start by carefully reading all instructions and information provided on the form. Pay close attention to the details, such as the names, case numbers, and court dates, as mistakes could result in delays or rejections.
If given the choice between an electronic form and a paper form, use the electronic form. An electronic form will help eliminate many of the problems that can arise with a hand-written form, such as unreadable handwriting or confusion about specific entries. For example, the request for assets on the second page of the Form 4A Bail Bond Form can lead to confusion if it is not filled out correctly, which may require the defendant to dig out his or her tax returns to decipher the proper assets.
A common mistake on bail bond forms is in completing the part of the form that asks for the name of the employer. If you are not employed, you should still include the name, address, and telephone number of your last employer on the form. You should also put "N/A" in the other blank for employer. Similarly, if you are self-employed, you must include the name, address, and telephone number of the last corporation(s) or partnership(s) in which you owned stock or as to which you were a partner.
The financial disclosure requirement provides no instructions for filling out the annual income section of the form. In light of the stakes of this requirement, it is best to provide the information in the most complete manner possible. Accordingly, all sources of income should be disclosed, including salary, commission, bonuses, stocks, real estate holdings, and even tax return refunds. If, for example, you are living off the savings from an asset you sold, then that fact should be disclosed on the form.

Legal Consequences of Signing a Bail Bond Form

When a defendant and their co-signers have signed the bond form, the bail bonds company has a right to assume that the indemnitor(s) or indemnitors (yourself or family) understand all of the implications and consequences of signing the bond form. This bond form is a contract; and it should be treated as such.
You should treat the bond form with the same level of care and concern as you would an employment contract, car purchase contract, or a mortgage contract. Here are some things you should be aware of, regarding the bond form and the legal consequence of signing it: 1) You are responsible for and agree to pay, either through cash or collateral, the 10% of the bond amount that the insurance company agrees to guarantee. 2) You are responsible for paying the even higher bond amount if the defendant skips the court date or is found guilty on their charges. 3) You are responsible if the defendant does not follow the terms of the bail bond, such as failing to attend court hearings, committing further criminal offenses, or failing drug tests. 4) The bail bonds company can come after you in civil court for payment of the forfeiture amount and to recover any amount they used on bounty hunters to retrieve the missing defendant. 5) You could end up paying for a large chunk of the defendant’s legal defense if they spend months or years on the run. A few notes on the indemnitor: 1) The indemnitor is someone who has signed the bond form and agreed to be responsible for the defendant exhibiting good behavior. 2) A co-indemnitor agrees to share the financial responsibility of the bond between multiple people. 3) The indemnitor cannot claim unawareness or forgetfulness of their responsibilities as an excuse to avoid payment.

Types of Bail Bond Forms

Let’s talk about the 3 most common bond types.
Cash Bonds – A cash bond is when you pay the entire amount of the bond in cash or by certified funds to the jailor. The purpose of the bond is to ensure that the person will appear in court for all scheduled court dates. In most situations, the person does have until their next court date to post the cash bond.
Property Bond – A property bond is when you use your house as collateral to secure the bond for the person. To advertise the bond with the local newspaper the court will require a mortgage statement showing the mortgage is paid in full. They will also require a third party appraisal of the property. Finally, they will require you get a preliminary title search on the property . Finally, the owner of the property must submit a sworn affidavit stating that they give permission and understand the bond process for their property.
Surety Bond – A surety bond is a bond secured through a bonding company. That means that you pay the bonding company a fee, and they put up the money for your bond. You will need to get approved before the bond company agrees to put up your surety bond (this usually involves answering some questions and providing personal information for you and/or your co-signers). Typically, no collateral is needed from the surety bond company, but if you are posting a big bond and they are taking a big risk on you, they might hold some collateral until you have appeared in court.

Obtaining and Using Bail Bond Services

An important step in completing a bail bond form is finding a bail bondsman to do the job for you — but how do you find reliable bail and bond services? The easiest and best way to do this is to ask friends in the area for the name of a trusted bondsman. If you don’t have anyone to ask, you can find several online. If you need to do bacis research about who you can find near you, try searching for "bail bond services" and the name of your state or county. If you aren’t getting relevant results, search for "bail bond services" and your nearest big city or city proper name. You can also just search for "bail bondsman" and your location through your favorite search engine to bring up relevant results. If you have time, visit several of these websites and gather all of the information that you may find on these pages. Try to look for things like licensing, client testimonials and service offerings. If you’re not rushed and are just trying to find out more about bail and bond services, start with what you know: What is your legal situation? Can you afford the bond or do you need help? Does the bail bondsman offer services that help clients fund their bonds? When you know these three things, you can search for the correct bondsman and determine if their services are the ones for you. Once you’ve settled on a bail bondsman, you will work with them. When you first meet your bondsman, he or she will ask you to complete the relevant paperwork, which includes the bail bond form. Part of the work of the bondsman is helping you understand what the form is asking you to provide and how to fill it out. They will provide you the space to give them any necessary information, including your income, what you own and other items that they need to authorize for your bond. An experienced bondsman will be patient as you work through this process with them and will help you to complete the form in compliance with all local laws. In some cases, you may need a co-signer or a co-signer. This is someone who can sign for you or give collateral for your bail. Collateral may include anything you own, including your car, house, jewelry or bank accounts. You need to be up front with your bondsman about your financial situation and what your co-signer or co-signer has available to offer.

Bail Bond Forms FAQs

Common Questions About Bail Bond Forms
How long is a bail bond form valid and binding?
Each bail bond form is generally valid and binding for a set period of time, which may be referenced directly on the form itself or in applicable laws. Typically speaking, the obligation to pay the bond(s) will be discharged and released after a certain number of more than 30 days from the settlement of the underlying legal dispute that the bond was related to.
What happens if the obligations listed on the bail bond form are not fulfilled?
If the terms of the bail bond form are not met, the court may demand payment on the bond . Bond companies and other parties signing the bail bond form may pursue collection actions, including through legal proceedings (if applicable), against the person(s) named on the form. The bond company may also seek to deny any responsibility in the settlement of the lawsuit and seek reimbursement of any payments made on the bond from the person(s) who signed the bail bond form. In addition, if the action on the bond form includes a corporate entity, that corporate entity may have some liability as well.