What’s the Difference Between a Bail and Bond?

If you or someone you love has been arrested, you might have heard the terms “bail” and “bond” thrown around. During this process, we believe you should have transparency around the entire process, including the difference between bail and bond.

Knowing the difference between bail and bond can help you make informed decisions during a stressful time. We’re laying it out clearly and concisely for you so you have everything you need to make informed decisions.

What is a Bail?

So what is the difference between bail and bond? Let’s start with bail.

In simple terms, bail is a “deposit” you pay to the court to ensure that the person who was arrested will show up for their court date. Once the legal process is over, you get that money back. It’s  essentially priming the court that you’ll be there for your court date, and leaving some money behind to prove it.

If you don’t show up, the court keeps the money. The amount of bail can vary depending on things like how serious the crime is, if you have a criminal history, and if you’re seen as a flight risk or a danger to the community.

Types of Bail

When someone is arrested, they might have the option to post bail. There are different types of bail, each with pros and cons:

• Cash bail: This is the most straightforward type. The defendant, or someone on their behalf, pays the full bail amount in cash to the court. If the defendant shows up for all court dates, the money is returned at the end of the case. However, if they don’t show up, the money is forfeited. This is the easiest and quickest way to get out of jail, but it may not be feasible for everyone, especially if the bail amount is high.
• Property bond: If you don’t have enough cash, you can use a property you own, like a house or land, as collateral for bail. This means the court puts a lien on your property, and if you don’t show up for court, they can seize it. While this allows you to avoid paying a large sum of cash, it also puts your property at risk.
• Surety bond: This is where a bail bondsman comes in. You pay them a percentage of the bail amount, and they guarantee the full amount to the court. If you skip court, the bondsman has to pay the court the full amount, and they’ll likely try to track you down. This is a good option if you can’t afford the full bail amount, but it comes with an extra cost — the bondsman’s fee.

How Bail Works

The process of setting bail usually starts with a bail hearing. This is where the judge decides whether to grant bail and how much it should be. They consider the severity of the crime, your criminal history, and whether you pose a risk to the community or are a flight risk. In some cases, the judge might release you on your own recognizance, meaning you promise to return to court without having to pay bail.

The judge can also set conditions for your release, such as travel restrictions, regular check-ins, or avoiding contact with certain people. These conditions aim to ensure you’ll return for your trial and won’t cause any harm while you’re out.

If you comply with all the conditions and show up for all your court dates, your bail money will be returned to you, even if you’re found guilty. If you fail to appear in court, however, the court will keep your bail money and a warrant will be issued for your arrest.

What is a Bond?

A bond is essentially a contract between the bail bondsman and the court. The bondsman guarantees to the court that the defendant will appear in court as required. In return for this service, the defendant pays the bondsman a fee, usually a percentage of the total bail amount.

This typically happens when the bail amount is too high for the defendant to afford. In this case, they can turn to a bail bondsman for help. The bail bondsman will post a bond on behalf of the defendant.

How Bonds Work

By now, you’ve probably seen the difference between bond and bail – but how do bonds actually work?

If you need a bond, you typically contact a bail bondsman or bail bond agency. They will ask for information about the defendant and the charges against them. Then, they’ll usually require a non-refundable fee, often a percentage of the total bail amount, and some form of collateral to secure the bond. This collateral could be anything of value, like a house, car, or jewelry.

Once the fee is paid and the collateral is secured, the bail bondsman will post the bond with the court, guaranteeing the defendant’s appearance in court.

Both the defendant and the bail bondsman have obligations under the bond agreement. The defendant is obligated to appear in court for all scheduled hearings. The bail bondsman is responsible for ensuring the defendant’s appearance.

If the defendant fails to appear, the bond is forfeited, meaning the bondsman loses the money they posted for the bond. They may then hire a bounty hunter to track down the defendant and bring them back to court.

What is the Difference Between Bail and Bond?

So what is the difference between bail and bond? The main difference between bail and bond lies in who pays and how much.

Bail is paid directly to the court by the defendant or someone on their behalf. If the defendant fulfills their court obligations, the bail amount is usually refunded in full.

A bond, on the other hand, involves a third party, the bail bondsman. The defendant pays a non-refundable fee to the bondsman, who then posts the full bail amount to the court.

The Legalities

When looking at the difference between bail and bond in law, both bail and bond have legal implications.

If a defendant out on bail fails to appear in court, the bail is forfeited, and a warrant is issued for their arrest.

If a defendant out on a bond skips court, the bondsman is responsible for paying the full bail amount to the court. To recover this loss, they may employ a bounty hunter to locate and apprehend the defendant.

In both cases, skipping court can have serious consequences, including additional criminal charges and difficulty obtaining bail or a bond in the future.

The Financials

Bail can be a hefty sum, and if you pay it directly to the court, you’ll get it back at the end of your case as long as you attend all court dates.

On the other hand, if you can’t afford the full bail amount, a bond is that alternative. You only pay a percentage of the total bail amount, usually around 10%, as a fee to a bail bondsman. This fee is non-refundable, even if you show up for all your court hearings. In addition to this fee, there might be other costs involved, like travel expenses if the bondsman needs to track you down.

Choosing between bail and bond depends on your financial situation. If you can afford to pay the full bail amount and are confident you’ll make all your court appearances, bail is a good option because you get your money back. However, if the bail amount is too high, a bond might be more feasible but remember that the fee is non-refundable.

The Responsibilities

No matter the difference between bond and bail or which you choose, it’s important to know whose responsible for what.

If you choose bail, your main responsibility is to show up for all your court hearings. Failing to do so will result in the forfeiture of your bail money and a warrant for your arrest.

If you choose to use a bond, you still have the responsibility to appear in court. Additionally, you’re responsible for paying the bondsman’s fee. If you miss a court date, the bondsman is liable for the full bail amount, and they might hire a bounty hunter to find you and bring you back to court.

Rocket Bail Bonds: Your Go-To For Bail Bonds!

Wondering about the difference between bail and bond when it comes to your specific case? Rocket Bail Bonds can help! We offer reliable and efficient bail bond services. We’re available 24/7 to assist you, and offer affordable rates, and flexible payment options to fit your needs. We want to see you and your family reunited as quickly as possible — reach out today to get started!

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