Dear Bail Guy,
I was recently arrested for the first time and I had to post bail. Do I get the money I paid the bondsman back after my case is over?
-First arrest
Dear First arrest,
The money you paid the bondsman is nonrefundable. If you provided extra collateral money above the required mandatory fee, that money is to be returned to you within 21 days upon a written receipt from the court to the bondsman, that the bond has been terminated. It is always wise to get a receipt for any monetary transaction.
Dear Bail Guy,
I often check out the judicial website on the internet and see that some people are released on “non surety” bonds and others on “professional surety” bonds. Can you explain the differences between them?
–Confused
Dear Confused,
That is a great question. A non-surety bond is basically a promise to appear in court with a dollar amount attached to it. The theory behind this practice is such: if the defendant fails to appear, the non-surety bond amount will be ordered forfeited. This means the defendant technically is liable to the State of Connecticut for the amount of the bond forfeited. This type of forfeiture is rarely, if ever, enforced. I like to call it a glorified promise to appear. A professional surety bond on the other hand is a bond posted by a bail bondsman. If the defendant fails to appear, the bond is forfeited and now the BONDSMAN is liable to the State of Connecticut for the amount forfeited. This type of bond forfeiture is always enforced.
Dear Bail Guy,
I’m considering getting into the bail business part time, are there different types of licenses I can acquire?
- Looking for work
Dear Looking for work,
There are two types of licenses available in Connecticut. First is the “surety producer” license obtained through the Connecticut Department of Insurance. You can log on to the website for more information: www.ct.gov/cid. The second is called a “professional bondsman” license and is issued by the Department of Public Safety. Information is available for this license by logging on to www.ct.gov/despp. In a nutshell, the surety producer writes bonds backed by an insurance company where as the professional bondsman are backed by his or her own assets.
Dear Bail Guy,
My brother was recently arrested and sent to the county jail. I called several bondsman and was quoted different premiums. Isn’t the premium to be paid a mandatory rate set by the State?
-High quote low quote
Dear High quote low quote,
Yes, it is set by the Connecticut Insurance Department, but it only applies to surety producers, because they are governed by the Insurance Department. The surety producer bondsman is required to charge the filed rate set by the Commissioner and MUST receive, up front, a minimum 35% of the total premium before executing the bail bond. The professional bondsman has a bit more flexibility with quotes because they can establish their own rates. However, they are required to charge a minimum and cannot charge more than a maximum depending on the bond amount.
Dear Bail Guy,
My sister and I have a dumb question. Do I have to use a bail bondsman to post bail for someone?
- Sisters wanna know
Dear Sisters wanna know,
There are a few ways to post a bail bond for someone. First, and probably the most popular choice, is to higher the services of a bail bondsman for a non-refundable fee. Second option available is to put up the entire amount of the bond, in cash or bank check, get a receipt, and upon successful disposition of the case your money will be returned to you in a form of a check. Thirdly, you can post a real estate bond on behalf of an arrested person. There must be enough equity in the real estate to cover the entire amount of the bond set. The paper work for this release option can be obtained at the Court Clerk’s office. Finally, sometimes a Judge allows for a 10% option bond to be posted on behalf of an accused. The ten percent deposited will be returned to the depositor upon successful disposition of the case.
Dear Bail Guy,
If I enter into a payment agreement with a bondsman and I can't pay the installments as outlined, can he revoke my bond?
- Have No Money
Dear Have No Money,
In short, absolutely NOT. It is a civil matter between you and your bondsman. Once the bond is posted and you are set free, there is nothing that can be done (revokation) as far as your bond status is concerned for non-payment of a payment plan agreement.
If you have a question or comment regarding the bail industry, ask The Bail Guy!
