The grizzled veterans who have been around a while will say that a stamped certificate of discharge from the Clerk of the Court is the only thing that makes a bail bond good. There is some obvious truth to this. When the obligation on the bail bond has been satisfied with no failure to appear by the defendant it’s a unquestionably a “good” bond. Of course this status is being established after the fact.
We recently posted a very large bond. During the process of putting it together I was reminded of something that the late Barry Hodus used to say. Hodus was a legendary bondsman and quite a character in South Florida courtrooms. Hodus would often bellow, “If they had all of the premium and they had all of the collateral, what would they need me for?”
His point is well taken. Anyone can assess that a bail bond is “good” if the parties have the entire premium due and full collateral. What Barry Hodus meant is that it takes a real bondsman to assess the risk and determine how to make the bond good, in the absence of being fully covered against a possible financial loss. Hodus could look each of the potential indemnitors in the eye and quickly figure out what it would take from them each in order to make it work.
On our recent large bond, there was no way we were ever going to have sufficient collateral to cover the entire bond amount. The family simply didn’t have it. As is often the case, the client is not so much of a criminal, per se. However, he definitely has a capacity for spectacular idiocy, almost certainly aided by large quantities of alcohol. He has a loving family, willing to go to bat for him. How much, depends on the bondsman and whether or not the bondsman does his job.
Mom says she will help but her boyfriend is not her son’s father and so won’t put his house up as bond collateral. The bondsman says, “Well then, good luck and if you ever decide you do need me, please give me a call.”
“Wait! You won’t help?”
“If your boyfriend knows your son and knows you and won’t risk his house, how stupid would I have to be to risk mine when I don’t even know your son?”
A real bondsman professionally explains that he needs everyone in the family fully on board and “all in” in order to assist their loved one.
“Do you know the only person in the world who could put your boyfriend’s house at risk?”
“That’s correct. As long as your son goes to court as required — as long as he refrains from actually becoming a fugitive — your property is safe. You have no existing obligation or debt. You only have a problem if your own son flees. If you are not completely comfortable that he will appear as required, then you shouldn’t proceed. And neither should I.”
A real bondsman will secure everything that they have, even though the dollar value may be far less than the bond amount. A real bondsman is not timid or worried about the competition. Barry Hodus had no competition. And a real bondsman is straight, often to the point of bluntness, with his client.
“The properties that your families put up do not have enough value to cover your bond. But if you flee and become a fugitive, I will sell the properties in order to fund your capture. They will lose their homes and you will be caught. But of course that won’t happen because you’ll go to court as required in order to resolve your case.”
“And make sure you thank each person in your family. They put everything on the line for you.”
By bringing everyone on board on the large bond we wrote, we made a day’s pay and we made the bond as good as we possibly could.
Years ago, a timid bail agent (worried about the competition) decided not to ask the defendant’s mother to put up her house. She would have likely done so if the agent had asked her for it and carefully explained to her what it meant. But the agent didn’t ask. The only collateral security that the agent took on the bond was an Indemnity Agreement signed by mom.
When the defendant failed to appear in court and the bail bond was ordered forfeited, the bail agent called his mother.
“But Ma’am, you are financially liable for the $15,000.00 bond forfeiture. You need to tell me where your son is?”
“Son, I am 85-years-old. My son is a full grown man. If you have a problem with him, please deal with him and not with me.”
“But Ma’am, you are responsible. We could sue you for the bond amount because of what you signed.”
To which she laughed and laughed and said, “What, you are going to ruin my credit? I really don’t care what you do. Do what you need to do. Have a nice day!”
If the bail agent had been a real bondsman and secured the mother’s modest home as collateral, the conversation following her son’s failure to appear would have surely been very different.
“Yes, sir. Would you like me to bring my son by your office or should I bring him to the jail to meet you?”
And what of our recent large bond? Is it a good bond?
I’ll let you know if the stamped certificate of discharge shows up.