Law

The Difference Between a Bail and a Bond

You have likely heard the terms “bail”and “bond” either in a real life court situation or on TV. And while it is easy to assume they mean the same thing, they are actually not the same. They are definitely related but it is important to understand the distinction between the two. 

By definition, bail is the money a defendant is required to pay to be able to be released from jail. In essence, it acts like an insurance between the defendant and the court.  

A bond, on the other hand, is money that is posted on behalf of the defendant. This is typically done by a bail bond company to secure his or her release from jail. 

Keep in mind that defendants who have withstanding warrants are likely not eligible for bail.

When it comes to bail, it is key to understand that it is not intended as a punishment, but as a way to secure a defendant’s agreement to follow specific conditions and go back to court. 

Essentially, bail is collateral that is left with the court to almost guarantee that the defendant will return to court for the hearing after his or her release from jail. Of course, if the defendant does not appear in court or violates the conditions of their release, he or she may not get back the amount that was paid to the court. 

If the defendant posted a bond, the bail bond company such as Tavares FL Bail Bonds, would then forfeit the money, which we will discuss more below.  

Bail or Bond: Which is Done More Often?

Bail can be set pretty high. That being the case, most defendants are not able to procure enough funds to pay the bail themselves. Even if they get family or friends to pitch in, it may still not be feasible for them. 

With defendants not typically being able to post bail on their own, he or she will then seek out assistance from a bail agent or bail bondsman. The bail bond company will go ahead and post a bail bond for them.

In other words, the bail bond would be co-signed by the bail bondsman who charges a fee that is between 8-10% to the defendant in return for guaranteeing the payment.

The bail bond is considered a type of surety bond.

A Bail Hearing

Someone that has been charged with a crime will have a bail hearing before a judge. How much the bail will be set at is at the judge’s discretion. However, the Eighth Amendment in The Constitution does prohibit “excessive bail.” 

Now, a judge may either set bail at any amount that would not be unreasonable or deny bail altogether. A judge determines the amount of bail based on factors, such as: 

  • the seriousness of the alleged offense
  • the likelihood that the defendant will commit more crimes after being released
  • the probability that the defendant will flee the jurisdiction before his or her trial
  • the lack of prior criminal history

The typical rulings in a bail hearing include:

  • Personal Bond: The defendant is released after signing a bond, which states that he or she is liable for criminal or civil penalties if he or she does not appear in court.
  • Release on own Recognizance: The defendant is released from jail if they sign an agreement promising to go back to court and follow other conditions.
  • Bail is Set with Terms of Release: The defendant may be released by posting bail in the amount the court sets. They can do this by paying it directly or getting a surety bond through a bail bond company.
  • Denial of Bail: This happens if the defendant is deemed a flight risk or a risk to the public.

Typically, judges have a lot of flexibility when it comes to setting bail amounts, and amounts vary by jurisdiction. For instance, a defendant charged with a nonviolent misdemeanor could have bail set at $500 while a defendant facing felony crime charges can have a high bail at $20,000 or higher.

When the amount of the bail is set, the defendant must either remain in jail until the charges are resolved at trial, arrange for a bail bond, or pay the bail amount in full until the case is resolved. In the last scenario, courts in some jurisdictions accept title to a home or other collateral of value instead of cash.

Bail bondsmen or bail bond agents will then provide written agreements to the criminal courts to pay the bail in full if the defendant whose appearance they guarantee fails to appear at court on their trial date.

In addition, the agent may require a statement of creditworthiness or require that the defendant give in collateral in the form of property or securities. Generally, bail bondsmen accept most property of value, including cars, jewelry, and houses as well as stocks and bonds. However, not all bail bonds agents do. 

Once the bail or bail bond is taken care of, the defendant is released until trial.

Call Your Local Bail Bond Company Today

Bail is usually set in amounts that are not feasible for most defendants to pay themselves. Fortunately, in most states bail bond companies are for-profit businesses that charge a fee, ranging from 10 to 20 percent of the bail amount, to post bail for the defendant.

The bail bond company will sign a contract or a surety bond, which is an agreement that the agent will be liable for the full bail amount if the defendant fails to appear in court. 

Because the bail bond company is taking a big risk, it may require that the defendant check in regularly or consent to be monitored by the company. 

If the defendant fails to appear in court, the next step for a bail bond company may be to retain the services of a bail recovery agent.

If you need a bail bond, contact Altman Bail Bonds today. 

Adrian

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