What Is a Surety Bond for Jail? What “Surety Bond Pending” Means
If you or a family member has been arrested, you may see terms such as surety bond, surety bail bond, or surety bond pending while trying to understand how someone can be released from jail.
A surety bail bond is one of the ways a defendant may obtain release from custody while a criminal case is pending. In Florida, a bail bond is a type of surety bond that guarantees the defendant’s appearance at required court proceedings.
What Is a Surety Bond for Jail?
A surety bail bond involves a guarantee that the defendant will appear for required court proceedings.
The Florida Department of Financial Services describes the defendant as the principal and the party providing the guarantee as the surety. A licensed bail bond agent acts in connection with the surety company when executing bail bonds. Another person, often called an indemnitor, may also become involved in arranging the bond.
In practical terms, instead of posting the entire bail amount directly with the court or jail, a family member or other person may contact a licensed bail bondsman to determine whether a surety bail bond can be used to obtain the defendant’s release.
What Does “Surety Bond Pending” Mean?
If you see “surety bond pending” on jail or case information, don’t automatically assume that the defendant has already been released or that a refund is being processed.
The exact meaning of a pending status can depend on the jail, court, and electronic records system displaying the information.
Generally, the word pending indicates that some part of the bond or release process has not yet been completed or reflected as complete in that system. For example, additional processing, paperwork, approval, posting, or another release requirement may still need to occur.
Because terminology can differ between systems, the safest way to determine what “surety bond pending” means in a particular case is to verify the defendant’s current status with the appropriate jail or court, or speak with a licensed bail bond agent familiar with the local release process.
How Does a Surety Bail Bond Work in Florida?
Once bail has been set and a surety bond is an available form of release, a licensed bail bond agent can determine what is required to execute the bond.
Florida DFS states that the premium for a state bail bond is 10% of the bail amount. The premium is generally earned once the bondsman obtains the defendant’s release from jail.
For example, if bail is set at $10,000, the state bail-bond premium would generally be $1,000.
Collateral may also be required depending on the circumstances of the bond. Collateral is different from the bail-bond premium and is subject to separate rules.
Who Is the Surety on a Bail Bond?
The terminology can be confusing because several people or organizations may be involved.
The principal is the defendant. The surety guarantees the principal’s performance to the party requiring the bond. In the bail-bond context, the surety is commonly the bonding or surety company. A licensed bail bond agent executes bail bonds through the authority provided by the insurer.
An indemnitor or co-signer may also agree to certain financial responsibilities associated with the bond.
What Happens After a Surety Bond Is Posted?
Posting a bond does not necessarily mean the defendant will walk out of jail immediately.
The jail may still need to process the bond and complete the release process. Other holds, charges, warrants, court requirements, or circumstances affecting the defendant may also affect whether or when release occurs.
Once released on bond, the defendant must comply with the applicable conditions of release and appear for required court proceedings. Florida law treats a bail bond as an obligation to ensure the defendant’s appearance at subsequent criminal proceedings.
What Happens If the Defendant Does Not Appear in Court?
Failure to appear can have serious consequences.
A bail bond forfeiture may occur when a defendant fails to appear at a required court proceeding or otherwise fails to comply with applicable bond conditions. Florida law contains specific procedures governing forfeiture, surrender, arrest of the principal, and cancellation of bail bonds.
The defendant and anyone signing or providing collateral for the bond should understand their obligations before entering into the agreement.
Is a Surety Bond the Same as a Cash Bond?
No.
With a cash bond, money is deposited as bail under the applicable court procedures.
With a surety bail bond, a surety provides the guarantee associated with the defendant’s appearance, and a licensed bail bond agent may execute the bond.
The financial arrangements and rules governing these forms of bail are different, so a cash deposit should not be confused with the premium paid for a commercial bail bond.
Is the Bail Bond Premium Refundable?
Generally, the bail-bond premium should not be confused with refundable collateral or a cash bond deposited with the court.
Florida DFS states that the bail-bond premium is generally earned and nonrefundable once the bondsman obtains the defendant’s release from jail. DFS also identifies circumstances in which a premium must be returned, including when the defendant is not released and the agent and surety never incur liability.
That is why the old idea that a person seeing “surety bond pending” should simply wait for a refund check is not an accurate general explanation of that status.
Need Help With a Surety Bond in Gainesville, Florida?
If you are trying to arrange a surety bail bond or understand a bond status for someone in custody, Lee Calhoun Bail Bonds serves Gainesville and communities throughout Alachua County.
We can help explain the bail bond process, what information may be needed, and the next steps for arranging a bond when a surety bond is available.
Call Lee Calhoun Bail Bonds at 352-379-9100 to speak with a licensed bail bondsman.