Bail Questions • Bail Basics • Arizona
What Is a Surety Bond in Court?
A surety bond in court is a licensed agent's promise, backed by an insurer, to pay the full bail if the defendant fails to appear.
Quick answer
A surety bond in court is a licensed agent's promise, backed by an insurer, to pay the full bail if the defendant fails to appear. In Arizona it satisfies a secured appearance bond for a premium, typically 10% of the bail, and the agent files it at the jail so the defendant is released.
The three parties on a surety bond
Every surety bond has three parties. The principal is the defendant, who promises to appear. The obligee is the court, which holds the promise. The surety is the insurance company that guarantees payment of the full bail if the principal does not appear. The bail agent is the surety's appointed representative who writes the bond, and the cosigner is the fourth person in practice, indemnifying the surety through the agreement they sign.
In Arizona the agent and the surety are licensed under Title 20 by the Arizona Department of Insurance and Financial Institutions. The premium the family pays is set by rates the surety files with DIFI, typically 10% of the bail, and it is not refundable. Our how bail bonds work page walks through the paperwork.
When a court accepts a surety bond
A surety bond can be posted whenever the judge sets a secured appearance bond under A.R.S. 13-3967 without restricting it to cash. That covers most bail set in Maricopa County. The judge's order will say "bond" or "secured appearance bond," and the Sheriff's inmate search shows the amount once the initial appearance has occurred.
Two situations block it. A cash-only bond means the court will not accept a surety, usually on bench warrants or repeated failures to appear. No bond under A.R.S. 13-3961, or after a detention hearing, means nothing can be posted at all. A defense attorney can ask the court to convert a cash-only bond to one that allows surety. See our cash-only bonds page for what we can do in that situation.
What the surety bond guarantees and how it ends
The bond guarantees one thing: the defendant's appearance at every hearing until the case ends. It does not guarantee good behavior, and it is not a payment of fines. If the defendant misses court, the judge issues a bench warrant and starts forfeiture under Rule 7.6 and A.R.S. 13-3974. The surety gets notice and a period to return the defendant. If that fails, the surety pays and recovers from the cosigner.
When the case ends through dismissal, plea, acquittal or sentencing, the court exonerates the bond. The surety's obligation ends, the agency returns any collateral, and the cosigner is released. The premium stays with the agency. A surety can also end the bond early by surrendering the defendant to custody, which the cosigner guide explains.
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Related Questions
What is the difference between a cash bond and a surety bond?
A cash bond is the full bail paid to the court and refunded at the end of the case. A surety bond is an agent's guarantee of the full amount, posted for a nonrefundable premium of about 10%. Both get the defendant released the same way.
Is a surety bond the same as a contractor bond?
No. A contractor's license bond guarantees business performance and is written by a commercial surety company. A court surety bond, meaning a bail bond, guarantees a criminal defendant's appearance in court. Bail agents write only the second kind.
Who is the surety on a bail bond?
The surety is the insurance company that backs the bail agent. The agent is appointed by that insurer and licensed by DIFI. If the defendant skips and is not returned, the insurer pays the court and the agency collects from the cosigner.
Can a surety bond be posted for any charge?
For any bailable charge where the judge set a secured bond and did not require cash only. Capital offenses and certain sex offenses against children can be held without bond under A.R.S. 13-3961, and a detention hearing can also result in no bond.
How much does a surety bond cost on a $10,000 bail?
About $1,000, the 10% premium set by the surety's filed rate. It is paid once, is not refunded, and qualified cosigners can split it into installments. Call One Stop Bail Bonds any hour and an agent will walk you through it.