Arrest

What Does a Mississippi Bail Bond Cost—and What Happens When the Premium Is Financed?

The information in this discussion applies specifically to bail bonds written in the State of Mississippi. Bail laws, premiums, and court procedures vary from state to state.

When a family calls a bail agent, one of the first questions is usually the most practical one: How much will the bail bond cost? It is a fair question, but the answer is not something a Mississippi bail agent is free to invent or adjust according to the circumstances. The premium is established by Mississippi law.

Mississippi Code Annotated § 83-39-25 requires a professional bail agent to charge and collect a premium of ten percent of the amount of bail on each bond posted, or $100, whichever is greater. If the defendant is charged with a capital offense or resides outside the State of Mississippi, the required premium is fifteen percent of the amount of bail on each bond, or $100, whichever is greater.

That means the premium on a standard $10,000 bail bond is $1,000. If the defendant resides outside Mississippi, the premium on that same bond is $1,500. If the percentage of the bond would produce a premium of less than $100, the minimum premium is still $100.

The law also requires an additional $50 processing fee on each bond issued. That language matters because a defendant may be charged with more than one offense and may have more than one bond. The premium and the processing fee apply to each bond posted by the bail agent.

These are not suggested prices. Section 83-39-25 says that the professional bail agent “shall charge and collect” the premium, commission, or fee.

Premium and Collateral Are Not the Same Thing

The premium is the amount charged for executing the bail bond and assuming the financial risk associated with guaranteeing the defendant’s appearance in court. Collateral serves a different purpose.

Section 83-39-25 permits a professional bail agent to hold collateral or take a security interest in collateral to ensure payment of the premium or to indemnify the bail agent against losses caused by a bond forfeiture or the costs of apprehending and surrendering the defendant.

That distinction should be clearly understood before any paperwork is signed. The premium is the charge for providing the bail bond. Collateral is property or another form of security held against a financial obligation or potential loss. They are not the same thing and should not be treated as though they are.

The statute also permits separate charges for court-approved electronic monitoring or drug testing. Those charges are not considered part of the premium, commission, or fee established by § 83-39-25.

What Happens When the Premium Is Financed?

A bail agent may decide to accept part of the required premium before the defendant is released and allow the defendant or indemnitor to pay the remaining balance over time. Once the agent posts the bond without collecting the premium in full, the unpaid balance becomes a contractual debt.

It does not become a condition of the defendant’s release.

Mississippi Rule of Criminal Procedure 8.7(c) addresses this issue directly:

In the event that a Professional Bail Agent, Soliciting Bail Agent, or Insurer has provided a surety bond or other form of bail for a defendant without first obtaining payment in full for the premium on the bond, that defendant may not be surrendered because the defendant, or anyone assuming financial responsibility for the bond premium on the defendant’s behalf, has failed to make any payment to the surety following release of the defendant.

The official comment to Rule 8.7 explains why this distinction matters. Section 83-39-25 directs the professional bail agent to charge and collect the premium. However, if the agent chooses to issue the bond after accepting less than the full amount due, any later collection effort is a contractual matter that may be resolved in civil court. The comment cites Brooks v. Pennington, 995 So. 2d 733 (Miss. Ct. App. 2007), in explaining that principle.

In plain language, a bail agent who chooses to finance the premium cannot later surrender the defendant solely because the defendant or indemnitor failed to pay the remaining balance. Surrender cannot be used as a method of collecting a financed premium.

That does not mean the debt disappears. The defendant or indemnitor remains responsible for the payment agreement, and the bail agent may pursue the civil remedies available for collecting the unpaid balance. Rule 8.7 limits the use of surrender for nonpayment; it does not cancel the contractual obligation.

The Decision to Finance Must Be Made Before Release

A bail agent is not required to finance a bail-bond premium. The decision to accept less than the full amount belongs to the agent and should be made before the defendant is released.

The agent should determine who is accepting financial responsibility, how much will be paid before the bond is posted, when the remaining payments will be due, and whether collateral will be required. The defendant and indemnitor should understand the total premium, the required processing fee, the amount being financed, the payment schedule, the collateral being held, and the obligations created by the agreement.

Once the bond has been posted and the defendant has been released, failure to pay the financed balance must be handled as a civil contractual matter. The defendant may not be surrendered solely because that balance remains unpaid.

Mississippi law is clear on both sides of the transaction. The bail agent is required to charge the premium established by § 83-39-25. If the agent chooses to accept less than the full premium before posting the bond, Rule 8.7 controls what happens next. The money remains owed, but the collection of that debt belongs in the civil process—not through the surrender and incarceration of the defendant.