While defendants of smaller crimes may be released after arraignment, those that have committed more serious crimes will remain in jail until their court dates unless a bail or bond is posted. The bail amount depends on whether the defendant is a flight risk and whether they may commit additional crimes upon being released, though bail can also be denied altogether.
But what’s the difference between posting bond and posting bail, and what does it mean to do each? Let’s look at both.
Bail vs Bond for Jail
To make matters more confusing, bail and bond are often used interchangeably regarding releasing someone from jail. While they’re certainly related, however, they’re not the same thing. Bail is the full amount required by the court to grant temporary freedom to the defendant until their court case. That’s different from a bail bond, which is posted on behalf of a defendant, most commonly by a bail bond company.
Both payments will secure release for the defendant from jail, but there are large differences between a bond vs bail. They’re both collaterals used to guarantee the defendant’s appearance in court, and they can both be surrendered if the defendant doesn’t show up. That said, if the payment is bail, the defendant or whoever paid the bail forfeits the money. If the payment is a bond, then the bail bond company will forfeit the money.
Understanding the Difference Between Bail and Bond
When discussing bail vs bond differences, it’s essential to know that the bail amount is set by the court and is required to secure the defendant’s release until their trial. A bail bond, however, involves a third-party bail bond company that posts the bond on behalf of the defendant. In simple terms:
- Bail: The full amount of money that must be paid to release the defendant.
- Bond: Allows the defendant to post a bond through a bail bond company. When deciding between released on bond vs bail, the difference between bond and bail lies in the financial arrangement. A criminal defense attorney can help individuals make informed decisions based on their specific circumstances.
The Role of Bail Money and Bonds in Securing Release
The bond amount is generally a fraction of the full bail amount and serves as a guarantee for the defendant’s appearance in court. Different types of bonds include:
- Cash bonds: Require the defendant or their family to pay the full bail upfront.
- Surety bonds: Involve a bail bond company that will post a bond for a percentage of the bail. Choosing the right option is crucial, and a criminal defense attorney can guide you through the process to ensure the defendant is released under the best possible terms.
Bail Hearings
The first step in paying bail starts with the bail hearing. Once arrested, the defendant will have their bail set by a judge or an officer of the court, which can also include other conditions for their release from jail with bail or bond. There are four main types of bail hearings, and each affects bail in some way.
- First up is what’s called a “release on own recognizance”. In this instance, the defendant is simply released from jail in exchange for promising to return to court. This is more common with nonviolent and lesser crimes or defendants that are low-flight risks.
- The second type of bail ruling is known as a personal bond. Also known as out on bond, the rules here are that the defendant must sign a bond confirming that they’ll be held accountable for criminal penalties if a court appearance is missed.
- The third type of bail ruling is bail set with terms of release. By posting bail themselves or with the help of a bail bond company – also known as a surety bond – the defendant can leave jail until their court date.
- The last type of bail ruling is denial of bail. In this case, a judge or court officer has decided that the defendant is either too much of a flight risk or a threat to the public and that means spending their time in jail until arraignment and other court hearings.
How to Make an Informed Decision Between Bail and Bond
Making an informed decision between bail vs bond requires understanding the nuances:
- Full bail: Ideal if the amount is manageable, but can be financially burdensome.
- Bond: Allows for release with less upfront cost, but includes fees and conditions. Each has its pros and cons, so it’s crucial to weigh your options carefully. The type of bond chosen can impact the overall experience and outcome. Consulting a criminal defense attorney can provide clarity, helping you navigate the complexities of the court system and ensuring the best path for securing a defendant’s release.
How Do Bonds Work to Get Out of Jail?
According to the rules and regulations of bail bonds, a bond is needed to help most defendants meet the demands of bail. Since bail can be in the tens of thousands, if not hundreds of thousands of dollars or more, bail bond companies can help narrow the gap by posting the full amount for a down payment of about 10 percent.
In this case, a $50,000 bail becomes a much more manageable $5,000 bond, and that, in a nutshell, is how bail vs bond works. Both get you out of jail, but with the help of a bail bond company, a defendant or their family will be on the hook for much less.
However, there is a trade-off for seeking the services of a bail bond company. If the defendant neglects to appear for court, the entire bail bond is forfeited, including any amount put down as collateral. The bail bond company will also start a search for the defendant so that they can be brought back to jail for the remainder of their case.
Bail agencies typically have a lot of resources on call, and bounty hunters will likely bring you back to court – where you’ll face heavy charges for skipping out on an appearance.
For more on bail vs bond and what it means for jail, contact the bail experts at My Bail Hotline. Our many locations in California are here for you and your family during this trying time. Contact us today!
