Bail Bond Scams to Be Aware of in Georgia: Don’t Get Scammed

If you or a loved one has been arrested in Georgia, it’s important to be aware of the bail bond scams that have become prevalent throughout the state. With these scams, fraudsters contact the family members of individuals who have been arrested, claiming to be bond agents and pressure them into making immediate payments to secure a fake bond. While a bail bond agency will never contact anyone directly, it’s crucial to know how to identify a bail bond scam and what steps you can take to ensure you don’t fall victim.

What is a Bail Bond?

A bail bond is a contract that is used to secure a person’s release from jail while ensuring that they will appear for any court dates scheduled in the future. If the arrested person is unable to pay the full amount of bail, they can pay a non-refundable fee (usually between 10% and 15%) to a bail bondsman who then guarantees that the full amount will be paid to the court.

In the event the individual fails to appear in court when they are required to do so, the bondsman forfeits the bond money and a warrant is then issued for the person’s arrest. The defendant may also face new criminal charges for bail jumping. While the bail bondsman typically becomes liable for the full amount of the bond, the bondsman may pursue the defendant and/or co-signer for the funds. The Georgia DMV may also suspend the defendant’s driver’s license in such cases.

There are several different types of bail bonds recognized in Georgia, including:

• Cash bonds: With cash bonds, the full bond amount is paid in cash. Cash bonds are refunded after a defendant fulfills their court appearances and complies with any other conditions associated with their release. However, the fees paid to the bail bondsman are non-refundable.
• Surety bonds: A bail bondsman guarantees the full amount of bail to the court while the defendant pays a non-refundable fee to the bondsman. The bondsman becomes responsible for the full amount if the defendant skips bail, which often leads to the involvement of a bounty hunter to find the defendant. These types of bonds are used in cases where the defendant or their family cannot afford to pay the full bail amount set by the court.
• Property bonds: With property bonds, real estate property is used as collateral to secure the amount of the bail bond. The property must have equity equal to or greater than the amount of bail. There is typically a lengthy approval process for obtaining a property bond.
• Recognizance bonds: If there is a low flight risk, the defendant may be released from jail without having to pay bail, based on their promise to appear in court when required.

Bail is set by the judge at a first appearance or bond hearing. The amount is usually based on factors such as the severity of the crime, whether the defendant is a flight risk, criminal history, community ties, and the threat posed to public safety. In some cases, a judge may deny bail altogether.

How Do Bail Bond Scams Work?

Bail bond scams typically follow the same pattern: someone is arrested and a family member receives a call from a fictitious bonding company. The arrested person’s family becomes alarmed and pays several thousand dollars so that the arrested person will be released on bail. However, when they show up to the jail, they discover that they were scammed. They learn that they will have to pay the real bond in order to get their family member out of jail. Often, the scammer will have taken all of the family’s money, resulting in delay and problems getting the arrested person released.

It’s important to understand that a bonding company will not directly solicit or call anyone. In addition, the jail will not call anyone about a bond. No one should ever pay a bonding fee online or over the phone. A legitimate bonding company will require a contract and other paperwork to be executed before money is ever paid.

What are the Signs to Look Out for in a Bail Bond Scam?

Bail bond scams target families during some of their most emotional moments in the hope that they will act quickly without verification. There are several red flags you can look for to ensure you don’t fall victim to a scam, including the following:

• Unsolicited contact from a person claiming to be a bail bondsman: No bonding company will contact anyone directly.
• Immediate requests for payment: Official bail bond agencies usually accept checks, cash, or credit cards. They will not typically request payment through digital apps, Venmo, CashApp, cryptocurrency, or untraceable means.
• Lack of a written agreement: if someone is asking for money without executing a formal agreement, it’s likely a bail bond scam.
• High pressure tactics: Bail bond scams involve pressuring family members into making decisions about paying for a bail bond without giving them the opportunity to verify credentials.
• No physical office: Scammers typically operate by cellphone and email without a legitimate office space.
• Spoofing official numbers: Scammers may use technology to make it appear as though their call is coming from a local jail, police station, or sheriff’s office.

If you’ve received a call from a person claiming to be a bail bondsman, there are certain steps you can take to protect yourself. First, do not panic or send any money. Scammers will try to instill fear and urgency in you to stop you from thinking clearly. Contact the jail using a number you found independently to determine whether your loved one is actually there. You should report the call immediately to local law enforcement.

Contact an Experienced Georgia Criminal Defense Attorney

Bail bond scams are serious matters and it’s crucial not to fall victim to one. If you have been arrested for a crime, it’s best to have an experienced criminal defense attorney who can help you navigate the legal process and ensure your rights are protected every step of the way. At The McCoy Law Firm, LLC, our attorneys have decades of experience providing representation for defendants facing a wide range of criminal offenses across Georgia. Based in Cartersville, we serve clients throughout Bartow County, Cobb County, Cherokee County, Gordon County, Floyd County, and Paulding County. Please contact us today to schedule a consultation to learn how we can help.