Does a bail bondsman pay the entire bond amount?

The bail bondsmand does not pay the full amount unless the defendant fails to appear at trial or any hearings that require his appearance. A licensed bail bond company enters into an agreement with the defendant and the court. The defendant pays the bail bond company a fee, usually 10--15% of the bond amount set by the court. The bail bond company agrees to pay the court the amount of the bond if the defendant fails to appear for trial at any point that he is out on bail. The bail bond company does not actually provide the bond amount unless the defendant fails to appear.

Sometimes the court will require that a defendant obtain a corporate surety bail bond even if he has the assets to put up for bail. This is usually done when the defendant has access to a considerable amount of assets, say proceeds from an illegal activity, and the court wants a third party to guarantee the defendant's appearance. Bail bond companies don't like to pay bonds when their clients "skip" trial, and will pursue the defendant relentlessly. For that reason, some judges will order a defendant held pending establishment of a corporate surety bond.

Also, most bail bond companies don't actually have the funds on hand. They are financed by finance companies who specialize in providing such bonds. If the defendant fails to appear and is declared a fugitive, the financing company is the one who actually provides the funds. However, the bail bond company is still obligated to the financing company. If the amount of bond is high, most bail bondsmen will require the defendant, or someone willing to assist the defendant, to put up an asset as collateral. This quite often is real estate, in which case the defendant mortgages his property to the bail bondsman.

In some jurisdiction, the court will allow the defendant to pay to the court the usual percentage in lieu of obtaining a bond. So, if the court sets the bond amount at, say, $10,000, the defendant can pay the court $1000 cash in lieu of obtaining the bond. In most cases, the defendant receives a refund of the cash amount once his case has been adjudicated. This usually only happens when the risk-of-flight of the defendant is considered minimal