What is the difference between Bail and Bond?

Difference between Bail and Bond- Written By Napthal

Introduction

When you are arrested, you can sometimes spend a significant amount of time in jail before trial. This can be very hard on you and your family, not to mention your ability to continue working and taking care of other responsibilities.

Bail and bond are two ways to get released from jail while waiting for trial, but not many people understand the difference between these terms. In fact, most of us use the terms interchangeably to mean the same thing.

So, how does bail differ from bond? Read on to find out everything you need to know.

Definition of Bail

Bail refers to the money you must pay to get released from jail. The presiding judge sets the bail amount based on the severity of the crime, your criminal history, and whether or not you are considered a flight risk.

If you cannot pay the entire bail amount, you can work with a bail agent. A bail bond is a type of surety bond posted on your behalf to secure your release from jail.

The bail bondsman will charge you a non-refundable fee (usually 10% of the total amount) and will be responsible for paying the bail if you do not show up for your court date.

If you make all your court appearances, the bail will be returned to the person who posted it on your behalf (usually the bail bondsman).

Definition of Bond

A bond is a written agreement between you and the court stating that you will show up for all your court dates. If you do not appear for your court date, the bond is forfeited, and a warrant is issued for your arrest.

There are three types of bonds namely surety bond, cash bond, and property bond.

A cash bond is when you or a loved one pays the entire amount in cash to the court. A surety bond is when you work with a bail agent to post bail on your behalf.

A property bond is when you use your own property, such as your home, as collateral to secure your release from jail.

If you are released on a property bond, you could lose your home if you do not show up for your court dates.

Difference Between Bail and Bond

The main difference between bail and bond is that bail is the money you pay to get released from jail, while a bond is the written agreement between you and the court stating that you will appear for all your court dates.

Bail is paid to the court, while a bond is posted on your behalf by a bail agent. If you cannot pay the entire bail amount, you will have to work with a bail agent and post bond.

If you do not appear for your court date, the bond is forfeited, and a warrant is issued for your arrest.

What Is the Process of Posting Bail?

Typically, the process begins with a court setting a bail amount during a bail hearing.

If you cannot pay the entire bail amount, you can contact a bail agent. The bail agent will charge you a non-refundable fee (usually 10% of the total amount) and post a bond on your behalf.

If you make all of your court appearances, the bail will be returned to the bail bondsman at the end of your case.

If you do not make all your court appearances, the bond is forfeited, and a warrant is issued for your arrest.

When considering whether or not to post bail, it is crucial to remember that you are responsible for making all of your court appearances.

If you do not appear for your court date, the bail is forfeited, and a warrant is issued for your arrest.

What Happens When Bail/Bond Agreement Is Violated?

If you violate the terms of your bail or bond agreement, a warrant is issued for your arrest, and you will be taken into custody.

If you posted bail, the money will be forfeited, and you will not get it back. And, if you posted a bond, the bail bondsman will be responsible for paying the entire bail amount to the court.

The bail bondsman will then come after you for the money owed. It is vital to make all your court appearances and follow the terms of your bail or bond agreement to avoid being taken into custody.

What Happens If You Cannot Afford Bail?

If you cannot afford bail, you can contact a bail agent. The bail bondsman will charge you a non-refundable fee (usually 10% of the total amount) and post a bond on your behalf.

If you make all of your court appearances, the bail will be returned to the bail bondsman at the end of your case.

If you do not make all your court appearances, the bond is forfeited, and a warrant is issued for your arrest. The bail bondsman will then come after you for the money owed.

It is important to make all your court appearances and follow the terms of your bail or bond agreement to avoid being taken into custody.

What Happens When Bail Is Forfeited?

If bail is forfeited, it means that you did not appear for your court date, and a warrant has been issued for your arrest.

When bail is forfeited, the entire bail amount is paid to the court by the person who posted bail on your behalf. The person who posted bail on your behalf will come after you for the money owed.

Summary

In sum, bail is an agreement between the defendant and the court where the defendant promises to appear in court when required. If the defendant does not show up for their court date, the bail may be forfeited, and they may be arrested.

A bond is a financial guarantee that ensures the defendant will show up for their court date. The bond money is usually returned at the end of the case unless the defendant violates their agreement or absconds from justice.

Bail can be paid in cash or through a bail bondsman, while a bond must be paid in full by a bonding company. When considering whether to post bail or put up a bond, it’s essential to understand all of the risks and rewards involved in both agreements.

Author

This article is written by Naphtal. He is the brand manager at Legal Giant and a highly experienced content writer. Legal Giant is a leading lawyer referral site with clients all over the U.S. When Naphtal is not working, he enjoys spending time with his son and exploring nature.