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As an industry, bail bonds are considered highly regulated. Since there are people’s freedom and large sums of money involved, the industry is rightfully filled with regulatory oversight. Each state regulates bail bonds business within its borders and as a result the solicitation practices prohibited by law very throughout the country.

Bail bond solicitation laws and regulations are very strict in California. In fact, bail bondsmen can’t solicit business in a jail or courthouse. Regulations actually make it illegal for a bail bondsman to solicit business from any inmate or anyone one who is incarcerated.

Furthermore, California law is equally stringent when it comes to referrals between bail bondsmen and attorneys. Neither party can refer the other to a client, even if no compensation is available for the referral. That means a bail bondsman can not legally endorse, refer or suggest a criminal defense attorney to their clients. Likewise, a criminal defense attorney can not refer their clients to a bail bondsman.

The idea behind these laws is to protect consumers from bail bondsmen or attorneys that may have some kind of back room deals that are not in the best interests of their clients. Basically they are trying to protect defendants from being taken advantage of during a time when they might be vulnerable to scams.

These laws are solidly in place and many have lost their own freedom and careers for violating them. Although, some question their merit. It is easy to conjure up scenarios where not giving a referral or advice on the choice of bail bondsman or lawyer could be counter productive to a person’s welfare. Not providing some assistance to a client that needs it, and may make a poor choice otherwise, can be far from beneficial as well.

Both bail bondsmen and attorneys are critical in the success and overall experience a defendant has after being arrested. They can make the experience relatively good or a living nightmare. Many argue that as a professional, it is your duty to provide helpful advice to your clients.

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