Law & Society

History Of The Bail Bond System

Bail in Maryland, just as with the United States bail bond system as a whole, had its ancient origins from the English law. The concept was simple - the sheriffs allowed pre-trial releases of defendants but made sure that they would come back by accepting collateral. The first recorded bail reform was recorded way back in 1275 - when it was discovered that some sheriffs were engaged in corruption.

In present time, most countries have outlawed the practice of posting money for a defendant which has financial problems. However, two countries remain continue to allow the bail bond system – the United States of America and the Philippines. Baltimore Bail is no exception.

Types Of Bail Bonds

Oftentimes, the court will grant a cash bail bond to a defendant. This is only applicable if the bail is very small. However, if a defendant does not appear in court for trial, then the whole cash bond is forfeited. If a defendant cannot afford a cash bail bond in Maryland, a property bond can be issued. A piece of real estate property can be used as a property bond. If the defendant fails to appear in court, then the property will be taken by the court.

A recognizance bond is a verbal promise to return for trial of a defendant with minor offenses only. If in case the defendant does not appear in court, a bench warrant will be issued. Law enforcers will arrest the defendant on contact, thus making the defendant’s chances to get another bond slim.

The most common bond used is the surety bond, in which a Baltimore bail bondsman or company posts bail for the defendant in exchange for a fee. Penalties such as the forfeit bond, trace fees, court costs and lawyer fees will be added expenses for defendants who skip bail.

The Complicated Bail Bond Business

The bail in Maryland is a very influential and profitable industry. It is also a complicated and largely unregulated system. It is estimated that the bail bond industry in all of America makes up to $150 million dollars a year.

In Maryland, bail bond business is very competitive and is a huge industry. In Baltimore alone, two of the top bail companies wrote almost 3 million dollar worth for bonds issued to 130 defendants within three days. The gross revenues will be the standard ten percent commission of about three hundred thousand dollars.

There are about 1,055 bail bondsmen statewide and 146 of these are property bondsmen. A majority of these property bondsmen are legally practicing in Baltimore City and Prince George’s county.

Most bondsmen in Maryland have difficulties getting a huge amount of bonds or don't have the ability to post a bail amounting to hundreds of thousands of dollars. More often than not, bail bond companies would require three to six people to sign - if the amount of bail is incredibly high. But in Maryland, many big bail bond companies are capable of coming up with bail bonds of up to half a million dollars. They can even execute the bail bond of this size with just a single person signing for the bail.

In 2003, a bail bond task force was formed to study the bail bonds industry and submit recommendations about what should be changed in the current laws. The task force submitted its results and recommendations in 2007. However, the task force’s recommendations were not heeded by the State House of Representatives and the Maryland Senate did not take any action.