What Is The Difference Between Bail And Bond?

Are you confused about the terms bail vs. bond? When a person is arrested, the court can allow them to be temporarily released from jail by securing a financial agreement known as bail. However, there is a legal distinction between bail and bond that often goes unnoticed. While these terms may seem interchangeable, understanding the difference is crucial.

In this article, we’ll break down the difference between bail and bond, and we’ll provide you with all the information you need to know to navigate the legal system.

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What is Bail?

Bail is a sum of money that a defendant pays to the court in order to be released from jail while awaiting trial. Bail serves as a guarantee that the defendant will show up for all of their court appearances. If the defendant fails to show up for court, the bail money is forfeited.

How Does Bail Work?

The bail process typically starts with the defendant’s arraignment, where the charges against them are read and they enter a plea. The judge will then set bail based on several factors, including the severity of the charges, the defendant’s criminal history, and their likelihood of fleeing.

If the defendant can afford the bail amount, they can pay it directly to the court, and they will be released from custody. If they cannot afford bail, they may seek the assistance of a bail bondsman.

Types of Bail

There are several types of bail that a defendant may be required to post.

• Cash bail: the defendant pays the full bail amount in cash directly to the court.
• Property bond: the defendant uses property, such as a house or car, as collateral for the bail amount.
• Personal recognizance: the defendant is released without bail on the promise that they will appear in court.
• Surety bond: the defendant hires a bail bondsman, who posts the bail amount in exchange for a fee.

Advantages and Disadvantages of Bail

One advantage of bail is that it allows defendants to be released from custody while awaiting trial, which can be important for their job, family, and personal life. However, bail can also be expensive, and if the defendant cannot afford it, they may be stuck in jail until their trial.

What is a Bond?

A bond, also known as a surety bond, is a contract between the defendant, a bonding company, and the court. The bond serves as a guarantee that the defendant will show up for all of their court appearances.

How Does a Bond Work?

If the defendant cannot afford bail, they may seek the assistance of a bail bondsman. The bondsman charges a non-refundable fee, typically 10% of the bail amount, and posts a bond with the court for the full bail amount.

The bondsman is responsible for ensuring that the defendant appears in court for all of their scheduled appearances. If the defendant fails to show up for court, the bondsman may hire a bounty hunter to locate and return the defendant to custody.

Types of Bonds

There are several types of bonds that a defendant may be required to post.

• Cash bond: the defendant pays the full bail amount directly to the bondsman.
• Property bond: the defendant uses property, such as a house or car, as collateral for the bond.
• Immigration bond: used for non-citizens who are detained by immigration authorities.
• Federal bond: used for federal crimes.

Advantages and Disadvantages of Bonds

One advantage of bonds is that they can be a more affordable option for defendants who cannot afford bail. However, the non-refundable fee charged by the bondsman can still be expensive, and if the defendant fails to appear in court, they may be subject to additional penalties and fees.

Differences Between Bail and Bond

The main difference between bail and bond is who pays the money. With bail, the defendant or their family pays the full bail amount to the court, and the money is refunded at the end of the case as long as the defendant appears in court. With a bond, the defendant pays a non-refundable fee to a bondsman, who then posts a bond with the court.

Another difference is the role of the bondsman. With bail, there is no middleman involved. With a bond, the defendant works with a bondsman, who assumes the risk if the defendant fails to appear in court.

Which One is Right for You?

Whether bail or bond is right for you will depend on your individual circumstances. If you can afford to pay the full bail amount, bail may be the better option. However, if you cannot afford bail, a bond may be the only way to get out of jail.

It’s important to remember that both bail and bond come with their own set of risks and drawbacks, and you should carefully consider your options before making a decision.

Frequently Asked Questions

Can I get my bail or bond money back if I’m found not guilty?

Yes, as long as you appeared in court for all of your scheduled appearances. Learn more here.

Can I negotiate the bail or bond amount?

No, the judge sets the bail or bond amount based on several factors, and it cannot be negotiated.

What happens if I fail to appear in court while on bail or bond?

If you fail to appear in court, the bail or bond may be forfeited, and a warrant may be issued for your arrest.

Can I use a bond if I’m charged with a federal crime?

Yes, you can use a federal bond if you’re charged with a federal crime.

Do I need a lawyer to post bail or bond?

No, you do not need a lawyer to post bail or bond, but it’s recommended that you consult with a criminal defense attorney to understand your rights and options.

How Can a Bail/Bond Company Help?

A bail/bond company exists to help people who cannot pay bail avoid spending time in jail. If a person does not have funds available, the bonding company takes legal responsibility for their actions to get them out of jail via a bail bondsman.

Many bail/bond companies have a set fee that the person must pay before they assume this responsibility, but it is usually more affordable than bail- and much better than jail. A bail/bond company is often the only option for defendants who do not have money available to them.

Conclusion

In summary, bail and bond are two options available to defendants who want to be released from jail while awaiting trial. While the terms are often used interchangeably, they are not the same thing. It’s important to understand the differences between bail and bond, including how they work and when they are used, before making a decision. By considering your options carefully and working with an experienced criminal defense attorney, you can make an informed decision that is right for you.