A bail bondsman is any person or commercial entity who will act as surety and put up money or real property as bail to ensure the appearance of the defendant before the court for the trial. Bail bondsmen are in the business of catering, solely, to criminal defendants, and are frequently able to secure a release for their customers within a few hours of the setting of the bail.
As part of his service a bondsman will usually have an ongoing security agreement with the local court, by which they post an irreversible bond, which will make payment to the court if it happens that the defendant does not appear before the court at the appointed time. At the same time, the bondsman has arrangements with a bank or other credit issuer to be able to draw on such security. This is also true for when the need arises during non-business hours. This relationship and arrangement enables the bondsman to deposit cash or real property with the court every time he secures the release of a defendant.
The cost for their services is usually 10% of the total bail amount set by the court. This is not a refundable amount, as it is the fee the bondsman charges for furnishing services. For substantial bail amounts, bail bondsmen usually will obtain security against the assets of the defendant or any individual who is willing to help the defendant. For example the bondsman can take a mortgage out for the full amount of the bail amount, for a defendant who owns a house or any type of property.
There are other avenues for the bail bondsman to protect himself financially. The bail bondsman is able to, either by law and/or contract to bring the defendant before the court in order to get back the money he has paid out for the bond. This is usually done through the services of a bounty hunter. The bondsman also has the option of filing a lawsuit against the defendant for any monies that he has lost to the court due to the failure of the defendant to appear before the court.