Legal Definitions - bailer

A bailer (also spelled bailor) is an individual or entity that provides money or property, known as bail, to a court to secure the temporary release of a person accused of a crime. By doing so, the bailer guarantees that the defendant will appear for all scheduled court dates. If the defendant fails to appear, the bail provided by the bailer may be forfeited to the court. This role is often undertaken by a professional known as a bail bondsman or bailsman.

• Example 1: Professional Bail Bondsman

  After being arrested for a minor offense, a defendant's bail is set at $15,000. Lacking the full amount, the defendant's family contacts a local bail bondsman. The family pays the bondsman a non-refundable fee, and the bondsman then posts the entire $15,000 with the court.

  In this situation, the professional bail bondsman acts as the bailer. They provide the financial guarantee to the court, ensuring the defendant's release and promising their appearance at future court proceedings.

• Example 2: Family Member

  A young adult is arrested for a low-level misdemeanor, and the judge sets bail at $2,500. The individual's aunt, wanting to help, goes to the courthouse and deposits the full $2,500 cash directly with the court clerk.

  Here, the aunt is the bailer. She personally provides the required bail money to the court, taking on the responsibility that her niece or nephew will attend all subsequent court hearings.