It can be traumatic if you or a loved one are arrested for any offense and more so if you have to spend time in jail awaiting the trial and sentencing. Depending on the seriousness of the alleged crime, risk of flight, or the chances of your committing another crime, the court may be amenable to granting you bail. If you cannot afford to pay it in cash, you can approach a bail bond company to post it on your behalf in return for a fee.
The Difference between Bail and Bond
Even though the terms; bail, and bond, are frequentlyinterchangeably used, they are not exactly the same. According to Justia, bail refers to the money a defendant must pay the court to secure his release pending trial, while a bond is a surety posted by a third-party, usually a bail bond company. These are for-profit businesses charging a non-refundable fee of 10-20% of the bail amount. If the defendant fails to appear in court or otherwise violates the bail terms, the bail bond company has to pay the full bail amount to the court.
Some of the Different Bond Types
Cash bail: It is the most common type of bail bond. The full amount is paid in cash to the court. Defendants can pay the bail amount, if allowed by the court, using cash, a check, or a credit card. It is the easiest and fastest way of posting bail if you have enough money. According to Castle Bail Bonds, if you do not violate the terms of your bail, you will get your money back after the completion of the case.
Property bond: You can give a property bond as collateral if you don’t have adequate liquid cash. Eligible properties include land and buildings, but courts may accept other kinds of property. A property bail bond can take time to process to the need for inspection, valuation, and documentation. The court will return the property after the case is disposed of if you have not violated any bail term.
Surety bond: Bond companies issue this kind of bond under the expectation that you will be able to arrange for the money soon, and they can charge a commission. The main aspect of a surety bond is trust. If you violate the bail conditions, the court can issue an arrest warrant.
Personal recognizance bond: In some rare cases, the court may decide to release the defendant without any money. It is only applicable to low-risk people with good standing in society. However, if the defendant violates the bail terms, the court may order his arrest.
Citation bond: If the arresting officer does not take you to court because the violation is minor, he can issue a citation bond. The officer issues a citation for the court to schedule a date for your appearance.
It is up to the court to allow you bail, and it is also the sole authority to decide on the amount of the bail. However, even if the amount is too high for you to pay in cash, a bail bond company can come to your rescue. You should discuss with your lawyer the kind of bail bond, you should obtain.