Professional Bail vs. Court Pretrial and Monitoring

The claim from bail reform is "fairness": they say that a person's freedom before trial depends on their risk to public safety, not their ability to pay a cash amount. Data shows that in many places, court pretrial release "pretrial services" has increased financial burdens; it has moved the cost from the professional Bail Agent to others, often at tax payers expense, with costly results for the defendants.

The Professional Bail Bondsman

The professional bail system, which covers the majority of states in the U.S.. Judges set the bail amount based on factors like the severity of the offense, flight risk, and criminal history. A Bail Bond company, in most cases brings an indemnitor (family member or friend) into the contract. This helps the defendant stay out of trouble and on track with their court appearances. Having support from family and friends makes an impact on the outcome.

The Cost:

If a defendant cannot afford to pay the full amount (e.g., $5,000 cash), they turn to a professional bail bond agent. The agent posts the bond for them in exchange for a non-refundable fee, usually 10% of the total bail amount (in this case, $500). In many cases this can be paid over time through a payment agreement.

• Impact: The $500 Premium is a none refundable fee paid by the defendant, family or friends. However, many companies offer payment plans to help. The agent and the indemnitor holds the financial risk if the defendant fails to appear in court. The defendant must make all of their court appearances, securing justice for themself and the victims. Their financial obligation ends there.
• Bail Bond Questions

Pretrial Monitoring and Fees

In jurisdictions that utilize court supervised pretrial release. The solution has often been community supervision, which can be "Electronic Monitoring" , check-ins and sometimes drug test.

The Cost:

There may not be a large upfront payment for release, defendants and their family are frequently forced into a pay as you go system. They are charged fees to rent electronic monitoring equipment, like GPS ankle bracelets. Often overlooked costs are missed work for required check ins and court ordered drug test. It is like being on probation before a conviction. These cost more often than not exceed the cost of a Professional Bail Bondsman.

• True Financial Impact: GPS fees can range from $5 to $40 per day, plus "activation fees," "setup fees," and "administrative fees."
  • 30 day cost: Fall between $150 and $1,200—these fees are paid before they have been convicted of any crime.
  • Long Term Cost: If a trial lasts six months, the cost can quickly rise to more than $5,000 in monitoring debt. If they are unable to pay, it can be treated as a violation of their release conditions, and they can be sent back to jail. For simply not having the money to pay the excessive cost of supervision. Not because they committed any new crime, but because they are too poor to afford monitoring.

Cost After The Case:

The true cost after a case is resolved:

• Cash Bail: If a defendant pays their cash bail directly to the court (not through a professional bondsman), they don't always get the money back. The courts in some jurisdictions hold out administrative fees and fines even from past cases, regardless of the fact they appeared for all their court dates and are found innocent.
• Pretrial Monitoring: The money paid in daily monitoring fees to private companies is gone, regardless of whether the defendant is found guilty or completely acquitted. The lost days of work can't be made up. The cost of drug test and humiliation of have to be watched while providing a urine sample doesn't go away with the case.
• Bail Bond: The 10% premium paid to a bondsman is a small cost for a release. A release free from restrictive monitoring and check ins. This lets the defendant carry on with their normal day to day life. Under this release you can truly be considered innocent until proven guilty.

Rulon Evans "Follow the Money."