Don’t Jump Too Quickly to Call a Bail Bond Agent

The gut-churning journey begins with a call.

Your best friend, lover, spouse, offspring, sibling or cousin has just been arrested, never mind why. Now the loved one sits shaking in a cell and the next move is yours. Do you hire the bail agent who approaches you in the jailhouse lobby, or dial the first number in the phone book under “B”?

How you answer that question can spell the difference between getting a relative safely out of jail or, in some cases, ending up in temporary trouble yourself.

A family-owned bail bond company based in Whittier is currently under investigation for alleged kidnapping, embezzlement and criminal conspiracy. Among other things, authorities say, the owner of American Liberty Bail Bonds and members of his family, several of whom were recently arrested, are suspected of running the agency as a virtual street-level army by kidnapping clients and giving discounts to inmates in exchange for criminal favors.

And law enforcement officials statewide are probing the bail industry as a whole for alleged corruption and wrongdoing that could ultimately bring charges of perjury, conspiracy, obstruction of justice and unlawful business procedures.

Such cases are extreme; the vast majority of bail bond agencies, experts say, operate legally and ethically.

“It’s an industry that has its share of bad actors,” California Insurance Commissioner John Garamendi says of the state’s more than 2,200 licensed bail-bond agents, “but there are, nevertheless, companies that operate well within the regulations to provide an important and necessary service for the justice system and to individuals, both innocent and guilty.”

The trick: How to choose one of those, while weeding out the rest.

Interestingly, the first step in pursuit of that goal does not include hiring someone who approaches you at or near a jail. State law prohibits such solicitations. And hiring someone over the phone without further investigation amounts to playing Russian roulette.

Glenda Stroobant, owner of a Fullerton bail agency and past vice president of the Orange County Bail Agents Assn., seldom tires of offering potential customers advice. By all means, she says, search for conveniently located bail bond agents in the phone book, on the Internet or through word-of-mouth. And when you find one, she says, take precautions before signing on any dotted lines.

Begin by noting the number of the agent’s license, which should be included in the ad. You can then check with the California Department of Insurance at (800) 927-HELP or at www.insurance.ca.gov to find out if the license is valid and whether the company has been the subject of disciplinary action.

Such information can also be obtained, according to a department spokesman, by using the agent’s name.

Ask for the terms upfront, Stroobant advises. The majority of agents require a nonrefundable payment of 10% of the bail before they will post a bond. In some cases that amount can be as low as 8%, or, rarely, as high as 15%; anything outside those bounds, experts say, is probably illegal and should be suspect.

Certain crimes -- generally including the manufacture or sale of drugs, grand theft, prostitution, child molestation and white-collar fraud -- are considered high risk for flight and require collateral, usually in the form of real estate.

What that means, according to Stroobant, is that if the accused person fails to show up for any court appearance up to and including sentencing and can’t be found, the bail agent will come after whoever signed the bond contract for the full amount of the bail, either in cash or through property liens.

In extreme cases, Stroobant said, agents have even been known to kidnap, physically threaten or otherwise intimidate clients to force them to pay.

“They will handcuff them, browbeat them, batter them and intimidate them with fear,” she said. “They tell them that if they go to the police, they will break their legs. What began as a crisis in the family now ends up being a horror.”

More advice: Beware of agents who guarantee getting your loved one home within a certain period of time. How long such processing takes, Stroobant says, is up to the jailer.

Most bond companies will come to you, she says; if you must go to them, carefully scrutinize their place of business. “Professional bond companies have offices that look like attorneys’ offices,” she says. “If it’s just a card table with four chairs, I would turn and leave.”

And finally, Stroobant urges, get everything in writing and insist on copies of anything you’ve signed.

“Go by your gut feelings,” she says. “If you feel uncomfortable, usually that’s a natural instinct telling you to look elsewhere. There is no obligation until the contract is signed, money is exchanged and the bond has been posted and accepted. If they tell you you’re obligated simply because you’re there, just turn around and get out of their office.”

Stroobant has one parting word of caution: “You can’t buy a Cadillac with a peanut. If they’re offering you something that seems unrealistic, they should be looked at very carefully. If it’s too good to be true, most likely what you’re getting into is going to be a nightmare.”