Bail and Bondsman

• When a person is arrested, he is innocent until proven guilty. Hence, most people are released on bail until their court date. Judges set a bail, an amount of money that the suspect must leave with the court, refundable only if the suspect shows up for his court date. Bails can be thousands of dollars and for-profit bondsmen offer to pay the full bail in exchange for a nonrefundable fee.
  
  

Dregulated States

• Bondsmen charge a nonrefundable fee for their services, which is almost always a percentage of the bail. The industry standard is 10 to 15 percent of the bail, but in states without laws regulating bondsmen's fees, the amount can be higher or lower (usually no lower than 4 percent) depending on the amount of the bail, the reason for arrest, the person's prior record and the bondsman's subjective assessment of how likely the person is to show up for his court date.
  
  

Regulated States

• Most states regulate the fees bondsmen can charge, but regulations vary by state. Some simply set minimums -- often of 4, 8 or 10 percent -- while others set ranges (10 to 15 percent is common) and still others set rates; for example, California bondsmen fees are 10 percent of the bail, no more and no less.
  
  

Prohibition States

• Most judges and lawyers are firmly against for-profit bond agents, according to the New York Times, and after successful campaigns, four states -- Illinois, Kentucky, Oregon and Wisconsin -- outlawed professional bail agents. In these states, suspects can leave 10 percent of the bail directly with the court and go free.