3.1 Premium & Fees
Key Takeaways
- The standard Mississippi bail premium is 10% of the bail amount or $100, whichever is greater (Miss. Code 83-39-25(1)).
- For a capital offense or an out-of-state defendant, the premium rises to 15% of the bail amount or $100, whichever is greater.
- A separate $50 processing fee is allowed on every bond, in addition to the percentage premium (83-39-25(2)).
- The premium is fully earned and non-refundable once the bond is posted, even if charges are dropped or the defendant is acquitted.
- Court-approved electronic monitoring and drug-testing fees are NOT part of the regulated premium (83-39-25(4)).
How Mississippi Caps the Premium
A bail premium is the non-refundable fee a defendant or indemnitor pays for the surety's guarantee. Mississippi does not let agents charge whatever the market will bear. Miss. Code Section 83-39-25 fixes the maximum, and the exam expects you to apply it to specific dollar amounts.
The Two Rate Tiers
Under 83-39-25(1), the premium is the greater of a percentage or a dollar floor:
| Situation | Premium | Floor |
|---|---|---|
| Standard bond | 10% of the bail amount | $100 |
| Capital offense charge | 15% of the bail amount | $100 |
| Out-of-state (nonresident) defendant | 15% of the bail amount | $100 |
The phrase "whichever is greater" controls. On a $500 standard bond, 10% is only $50, so the agent charges the $100 floor. On a $5,000 standard bond, 10% is $500, which beats the floor, so the agent charges $500.
The 15% rate applies only in two narrow cases: the defendant is charged with a capital offense, or the defendant resides outside Mississippi. Both are higher-risk bonds, which is why the statute permits a higher rate.
The $50 Processing Fee
Separately, 83-39-25(2) lets the agent charge an additional $50 processing fee on each bond. This is on top of the premium, not folded into it. A standard $5,000 bond therefore costs $500 premium plus $50 processing, for $550 total.
What Is Not Part of the Premium
Under 83-39-25(4), any fee for court-approved electronic monitoring or drug testing is not counted as part of the premium, commission, or fee. These pass-through charges are billed separately and do not violate the rate cap. Charging undisclosed "convenience" or "paperwork" fees beyond the statutory premium and processing fee is a prohibited practice.
A defendant who lives in Mississippi is charged with a non-capital offense and the court sets bail at $4,000. What is the maximum premium a professional bail agent may charge, before the processing fee?
Which scenario allows a Mississippi bail agent to charge the elevated 15% premium rate?
On a standard $800 bond for an in-state defendant, how much premium may the agent charge?