Many defendants cannot raise the entire amount of their bail. In some states, defendants may arrange for their release through a bail bondsman, who guarantees to pay the bail amount to the court if the defendant fails to appear for trial.

There are inherent problems with commercial bail bonding. First, the defendant will pay a nonrefundable premium, usually 10 percent of the bail amount set. Second, the defendant or a party acting on behalf of the defendant must put down collateral for the entire bond. Third, should the defendant abscond, a bail bondsman is likely to hire a bounty hunter who has powers exceeding those of police officers in terms of crossing jurisdictional borders and in the use of force.

The ABA has called for the abolition of commercial bail bonding and universal use of court deposit systems, in which the defendant provides a deposit of 10 percent of the bail to the court, which is returned after the trial (less a small administrative fee).