What You Need To Know About Bail And Bonds

What is Bail Bond? When one is arrested and charged with an offense, he or she may want to get out before the case is determined. You will do this by posting bail or by obtaining a bond. You will have to make your case before a judge and the matter will be determined based on the magnitude of the case, past criminal record, and the likelihood that the accused person will flee upon being released from jail. The judge presiding over your case will set the amount of bail by looking at the matter objectively. According to the Constitution of the U.S, it is not prohibitive to state a bail that is excessive even though it does not state whether courts are expected to allow bail to defendants.

Differences Between Bail and Bond

Ordinarily, the two terms are used synonymously to mean the same thing when talking about situations requiring one to be released before the case is heard and determined. But while the two are closely related, there is a thin line between them. Bail refers to the amount of money the court will require a defendant to pay before getting out of jail. Usually, a bond is posted by a bail bond company on behalf of the accused person in order to secure his or her release.

Contrary to the long-held general perception, bail is not designed to be a punishment but instead an assurance by the defendant that he or she will abide by the conditions of the court as and when needed. Ideally, bail is an equivalent of collateral or security (asset) that is placed in order for one to secure his or her release with a promise to return to the court for a hearing. Where the defendant fails to appear before the court as demanded or violates other conditions of the bail, the collateral or the amount of money posted is forfeited forthwith.

Bail Bond Companies

Usually, bails are set over and above the amounts, the defendant can afford. In this case, bail bond companies have been developed to help many people secure their release by charging their securities and posting them as bonds at a charge. Usually, the charge is in the range of 10 to 20 percent of the amount of bail. What is Bail Bond? The bail bond company will then sign a surety bond as a sign of agreement that it is liable for the full amount in the event the defendant fails to abide by the conditions of the court.