What “10% Bail” Really Means

When people say bail is “10%,” they’re usually talking about the fee charged by a licensed bail bondsman. Instead of paying the full bail amount to the court, families can work with a bail bond company that charges a standard percentage of the bail amount. In most states, including Kansas, that percentage is 10%.

For example, if a judge sets bail at $20,000, the fee to the bondsman would typically be $2,000. This allows defendants and their families to secure release without having to come up with the entire bail amount, which can often be tens of thousands of dollars or more.

Why the Bail Bond Fee Is Set at 10%

The 10% rate is not arbitrary; it is a long-standing industry standard, regulated by state law and established practice. Bail bond fees are considered the bondsman’s compensation for taking financial responsibility with the court. If the defendant fails to appear, the bail bond company is liable for the full amount.

By charging 10%, bondsmen balance affordability for families with the severe financial risk they assume. It is essential to understand that the 10% fee is non-refundable. Once a bondsman posts bail, the fee covers both the service and the risk, regardless of the case’s outcome.

An Example: $50,000 Bail

Imagine a defendant has bail set at $50,000. Posting the full amount in cash with the court would require $50,000 upfront. Most families do not have this kind of money available. By using a bail bond company, the family would pay 10%, or $5,000, to the bondsman. The bondsman then guarantees the full $50,000 to the court.

If the defendant attends all required court dates, the bond is discharged once the case is resolved. The fee remains with the bondsman for the services rendered, and the family avoids tying up large amounts of cash for months or even years.

Cash Bail vs. Bail Bondsman

Families always have the option of paying the full cash bail directly to the court. If they do so and the defendant attends all court dates, that money is returned (minus court fees) at the end of the case. The risk, of course, is that if the defendant fails to appear, the full amount is forfeited.

By working with a licensed bondsman, families only need to come up with 10% of the total bail amount. The trade-off is that this fee is non-refundable. For many, the affordability and immediate release outweigh the cost of paying the full amount directly to the court.

Helpful Resources

• Kansas Statutes on bail: Kansas Legislature
• Sedgwick County District Court: 18th Judicial District (DC18.org)
• Wichita Municipal Court: City of Wichita
• Kansas Bail Agents Association: KBAA

FAQ

Why do bondsmen charge 10% instead of another amount?

The 10% rate is the standard fee set by practice and regulation in many states, including Kansas. It reflects the service and financial risk the bondsman assumes.

Is the 10% refundable if the defendant goes to court?

No. The 10% fee is payment for the bondsman’s service and is not refunded, even if the case is dismissed or resolved successfully.

Can a bondsman charge less than 10%?

In Kansas, bondsmen must follow the law and accepted practices. Discounts below the standard rate are rare and often restricted by regulation.

Talk to Baxter Bail Bonds

Understanding why bail is “only 10%” helps families make informed decisions during stressful times. If you or a loved one needs help posting bail in Wichita or anywhere in Kansas, Baxter Bail Bonds is here to guide you.

This article is for informational purposes only and is not legal advice. Always consult an attorney for advice on your specific case. Make sure to reach out to the Warrior Lawyers if you need legal advice.