What You Need to Know About Bail and Bonds

Law Blog

Bail and bond are used interchangeably, but they mean different things. If you want to help a loved one secure their release while awaiting their case, it's essential to know the difference between these two terms. Here are some facts about bail and bonds.

Who Pays for It?

One way to distinguish bail and bonds is by the payment options. First, a defendant can pay the amount set by the court for their release. This is called cash bail. The payment must be in full. Since many people cannot afford to post cash bail, they often opt for a bail bond.

A bail bond means you pay a small percentage of the bail amount in cash and a bondsman guarantees the rest. This means a bonds service will act as your guarantor. They will be answerable if you fail to appear in court.

What Is Refunded?

Another way to distinguish bail and bond is in terms of refunds. Cash bail money is refunded to you after your trial is over, regardless of the outcome. However, cash bail will be forfeited if you fail to appear in court.

On the other hand, the money you pay a bonds agent is their fee and isn't refundable. If you fail to appear in court after contracting a bondsman, they're entitled to liquidate any security you provide to cater for the outstanding bail amount.

What Are the Types of Bonds?

One way to get out of jail if you don't have enough money to post cash bail is through a property bond. This is where you offer the title to your property to secure your release. If you fail to attend your hearing, the court has the right to liquidate your property.

Another alternative is to go to a bail bonds service. The bondman provides an affidavit, accepting liability if you fail to appear in court. This arrangement is called a surety bond. However, you can avoid the bond process altogether if the court gives you a signature bond. A signature bond is an agreement made with the court that doesn't require money. However, if you fail to appear for your case, you'll owe the court a certain amount of money. This type of bond is given to people who aren't a high flight risk.

In Conclusion

The best way to understand bail bonds is by looking at the mode of payment, terms of refund, and the types of bonds. While understanding how bail and bonds work is essential, you should also know what considerations to make when choosing a bail bonds service. Make sure you choose an experienced, licensed, reputable, and reasonable bail bondsman.

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22 June 2021

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