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Legal Definitions - bailsman
Definition of bailsman
A bailsman is an individual or a company that provides a guarantee to a court that a person accused of a crime (the defendant) will appear for all required court dates. In exchange for this guarantee, the defendant is released from custody pending trial. If the defendant fails to appear, the bailsman is responsible for ensuring the defendant's return to court or for forfeiting the amount of the bail to the court.
Imagine a situation where a person, Alex, is arrested for a minor offense, and the judge sets bail at $10,000. Alex doesn't have that much cash readily available. Alex's family contacts a local bail bond company. The company agrees to act as the bailsman, posting the full $10,000 bail with the court. In return, Alex's family pays the company a non-refundable fee (e.g., 10% or $1,000) and might provide some collateral. The company, as the bailsman, now has the legal responsibility to ensure Alex shows up for every court appearance. If Alex skips town, the bail bond company would be obligated to pay the entire $10,000 to the court.
Consider Maria, who is arrested, and her bail is set at $5,000. Her close friend, David, believes in her innocence and has sufficient assets. David decides to act as a bailsman for Maria. He goes to the court and pledges his property (or deposits the cash) as security for Maria's bail. By doing so, David becomes the bailsman, guaranteeing to the court that Maria will attend all her scheduled hearings. If Maria fails to appear, David's pledged property or deposited cash could be forfeited to the court.
Suppose a defendant, Chris, was released on bail secured by a professional bailsman. Chris fails to appear for a crucial court hearing. The court issues a warrant for Chris's arrest and orders the bail to be forfeited. The bailsman, having guaranteed Chris's appearance, now has a strong financial incentive to locate Chris and bring him back to court to avoid losing the full bail amount. They might employ bounty hunters or other means to fulfill their obligation as the bailsman.
Simple Definition
A bailsman is an individual who provides bail, typically money or property, to a court on behalf of a defendant. They act as a surety, guaranteeing the defendant's appearance in court as required.