Bail is the amount of money set by the court that you must pay in order to be released from jail until your trial date. A bond, on the other hand, is a guarantee that you will show up for your court date and can be paid by either you or a professional bail bondsman.
Bail
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When an individual is arrested and charged with a crime, they will typically be taken to jail. Bail is the amount of money that a defendant must pay in order to be released from jail while awaiting trial. It is set by a judge at the time of a defendant’s arraignment and is paid directly to the court. The court sets bail based on the severity of the crime, the defendant’s criminal history, and whether or not they are considered a flight risk. If a defendant fails to appear for their court date after posting bail, they will forfeit the money,
Bond
A bond is a written promise to pay a specified sum of money if the person named in the bond fails to appear in court. Bonds are typically used in criminal cases as a way to ensure that the accused will show up for their court date.
There are two types of bonds: surety bonds and cash bonds. Surety bonds are when a bail bondsman posts the bond on your behalf. Cash bonds are when you or a loved one pays the full amount of the bond in cash to the court.
If you fail to appear in court, the court will usually issue a warrant for your arrest and you will forfeit the entire bond amount. This means that if your bail was $10,000, you would owe the court $10,000 if you skipped your court date.
Bonds are typically used in criminal cases, but they can also be used in civil cases. For example, if you are being sued for $20,000 and you post a $20,000 bond, that means that you are promising to pay the $20,000 if you lose the case.
Bail Vs. Bond – Key differences
Bail and bond are both terms that relate to the release of an individual who has been arrested and detained by law enforcement. However, there are some key differences between the two:
Definition: Bail is the amount of money or property that must be paid or pledged by a defendant in order to be released from custody until their trial. Bond refers to a specific type of bail where a third party, known as a bondsman or bail agent, posts the bail on behalf of the defendant in exchange for a fee.
Payment: Bail can be paid by the defendant, their friends or family members, or through a bail bond company. In the case of a bond, the defendant typically pays a non-refundable fee of 10-15% of the total bail amount to a bail bond company, which then provides a surety bond to the court for the full bail amount.
Responsibility: When a defendant posts bail, they are responsible for ensuring they appear in court on the scheduled dates. If they fail to appear, they forfeit the bail amount and may be subject to additional charges. In the case of a bond, the bondsman is responsible for ensuring the defendant appears in court and may hire a bounty hunter to locate the defendant if they fail to appear.
Refund: If the defendant posts bail, they may be eligible to have the full amount refunded if they appear in court as scheduled. If a bond is posted, the fee paid to the bondsman is typically non-refundable, even if the defendant appears in court.
Bail refers to the amount of money or property that must be paid or pledged for a defendant’s release, while bond is a specific type of bail where a third party provides the bail in exchange for a fee.
What happens if you can’t pay back a bond?
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If someone cannot pay back a bond, they may face serious consequences. Firstly, the person who posted the bond may lose the collateral they put up for the bond, such as property or cash. In addition, the bond may be revoked, and a warrant will be issued for the person’s arrest. The person may also be charged with additional crimes, such as failure to appear in court, which can result in fines or imprisonment.
If the person cannot pay the bond amount, they may need to work with a bail bondsman or seek legal assistance to negotiate a new payment plan or explore other options. It’s essential to address the situation as soon as possible to avoid further legal complications.
Can you go to jail for not paying bail bonds?
No, you cannot go to jail for not paying a bail bond, but you could be arrested and returned to custody. When someone signs a contract with a bail bondsman, they agree to appear in court and comply with the terms of their release. If they fail to do so, the bondsman can hire a bounty hunter to locate and return the individual to custody. Additionally, the court may revoke their bond and issue a warrant for their arrest. It is important to fulfill the obligations of a bail bond contract to avoid further legal trouble.
What are the types of bail?
There are several types of bail that can be used to secure a defendant’s release from custody while they await trial:
Cash bail: This is the most common type of bail, where the defendant or someone on their behalf pays the full amount of bail in cash.
Surety bond: This type of bail involves a bail bond company that provides the full bail amount to the court in exchange for a fee, typically 10% of the bail amount.
Property bond: In this type of bail, the defendant or someone on their behalf puts up property as collateral for the full bail amount.
Release on recognizance (ROR): This type of bail allows the defendant to be released without having to pay any bail amount, but they must promise to appear for all court proceedings.
Citation release: This type of bail is used for minor offenses, where the defendant is given a citation and released without having to post any bail.
Featured Image By – Grant Durr on Unsplash
