The Differences Between Bond and Bail

After an arrest, you’ll probably hear the terms “bail” and “bond” quite a bit. People often use the terms interchangeably, so you might wonder if they mean the same thing.

Although the words “bail” and “bond” are used in similar ways, they are different. This article will explain the differences between bond and bail and what role they will play in your criminal case. After reading this article, you should consider contacting a criminal defense attorney as soon as possible for more advice.

What Happens in a Criminal Case?

If you are arrested, you must appear in court. During your first visit to court, sometimes called an “arraignment,” “presentment,” or “first appearance,” the judge will ask you to enter a plea. If you plead “not guilty,” the court will schedule a trial date. Then the court must decide whether you will be remanded (kept in police custody) or released until trial. That’s where bail comes into play.

What Is Bail?

If the judge releases you, you might be tempted to leave town before trial and not come back. Bail is the court’s way of securing defendants’ appearances at trial and other important court hearings.

Bail is something of value that a person gives the court in exchange for being allowed to remain free until trial. Judges can choose from many types of bail, including:

• Released on one’s own recognizance (ROR): In ROR, a person simply promises to return to court. No money is required.
• Unsecured bond: The defendant pays no money upfront, but promises to pay a specified amount of money if they fail to appear.
• Cash bail: The judge sets an amount that the defendant must pay to be allowed to go free until trial.

Normally, judges set bail at the first appearance or during a special bail hearing. Before determining the amount and type of bail, judges look at factors such as the nature of the charges, your criminal history, and whether you are a flight risk.

If a court orders cash bail, you must pay the full bail amount immediately to be released. When you pay the full bail in cash from your own pocket, it’s known as a cash bond or personal bond. Defendants who can’t pay bail in full often use bail bond companies.

What Is a Bond?

If you can’t post bail in the full amount at the first appearance or bail hearing, you can hire a bail bond company. The bail bondsperson will sign an agreement with the court that says they will post the entire amount of bail if the defendant fails to show up for court. These arrangements are sometimes called surety bonds.

Bail bond companies do not provide this service for free. Most bail bond agents charge a fee called a bail bond premium. This fee is usually 10-20% of the set bail amount. So, a defendant with a bail of $10,000 would have to pay the bail bond company $1,500 to secure their release. Sometimes, the bail bond agent will accept the premium and nothing more. However, some bail bond companies require the defendant or their family to give them collateral (e.g., real estate, a boat, or a car) in addition to the premium.

Bail vs Bond: The Differences

There are several differences between bond and bail.

• Who pays the money: Generally, bail is paid by the defendant or the defendant’s family. Bonds are paid by a bail bond service.
• Who’s involved: Bail is a contract between the court and the defendant. Bond involves three parties: the court, the defendant, and the bail bond agent.
• How much must be paid: In cash bail (cash bond), the defendant must pay 100% of the set bail. But a surety bond only requires a fraction of the bail amount and perhaps some collateral.
• Refunds: If a cash bail defendant appears at every court date, the court will give the defendant their bail money back, minus a small administrative fee. However, bail bond companies do not refund their premiums. This “no refund” policy applies even if the defendant attends every court appearance.
• The consequences for failing to appear: Whether you pay your own bail or use a bond service, if you miss important court dates or don’t appear for trial, the court will issue a warrant for your arrest. You will also forfeit any money or property that you gave to the court. But bail bonds add an additional wrinkle because bond agents agree to pay the court the bond in full if you don’t appear. Most state laws give bond companies the legal power to send bounty hunters after missing defendants. So, if you miss a court date after working with a bail bondsperson, both police and bounty hunters could be looking for you.

How Can a Lawyer Help with Bail and Bond?

Although judges make the final decision on bail, an attorney can be very useful during the bail process. Lawyers know how to persuade judges. In fact, defendants represented by lawyers are 20% more likely to receive non-cash forms of bail like ROR or unsecured bond. A defense attorney can also recommend a reliable bail bonds agency and help you with the paperwork.

An arrest is a stressful event, but help is available. If you or a loved one have questions or need advice regarding bail or other criminal law issues, use the LawInfo directory to find a criminal defense attorney near you.