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Current US federal laws pertaining to bail can be found in the United States Code, Title 18, Sections 3141-3150.

Read more on bail:
Eighth Amendment

How to Negotiate Your Bail Bond
Or What You Need to Know and Don't Want to Know



All bail companies have a standardized fee, which is set by the Department of Insurance in each state. Standardization means to you, the customer, and to each bail company this fee is the same - across the board, with all bail companies. In California the fee is 10% of the value of the bond amount. It is legally charged by the bail company and is non-refundable. However, his is where the negotiations begin.

What's What


Bailing someone out of jail is going to cost money. This is what you already know, but you may not want to hear. Negotiating payment of the 10% fee with a bail company is accepted, particularly in these economic times. All bail companies realize not everyone has ready cash on hand; however, please understand you will have to pay the full 10% in time, whether you get credit terms or not. This is how the bail companies make their money to pay overhead expenses, pay the bail agents, and pay themselves.

Don't Fool Yourself


Customers often think the 10% fee is refundable, but it's not. It's the bail company's fee for posting the bail bond! We are not transacting business for the jail on their behalf: bail companies are their own separate businesses.

Don't fool yourself if you have a $500,000.00 bond and only $500.00 for the premium, this is not 10% of the bond - it's 1%. Get your decimals in the right place, or get more people involved to pool monies and arrive at the 10% fee. In this scenario, the fee for a $500,000.00 would be $50,000.00.

Exceptions to the Rule


There are exceptions. In California a bail company must register with the Department of Insurance to reduce the 10% rate charged to their particular customers. The lowered rate only applies to Private Defense Counsel, Qualified Union Members, Active Duty Members and Veterans of the United States Military and their immediate families. Not every bail company and their surety companies have petitioned for these reduced rates; therefore, ask the bail agent if they have the rate reduction.


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