People who are arrested for criminal charges are usually concerned with getting out of jail while their case moves through the criminal justice system. In order to do this, they may need to either post bail or bond out. This is the case if the court doesn’t order them on their “own recognizance”, which means they’re released with nothing more than a promise to appear in court.
While bail and bond are sometimes used interchangeably, they’re actually very different. Understanding what these mean can help people who are trying to get out of jail.
Defining bail and bond
Bail is the amount of money or assets necessary to secure a release. This is set by the court and must be paid in its entirety unless the defendant works with a bail bondsman.
Bond is an amount that a bail bondsman puts up with the court to secure the person’s release. Paying a bail bondsman is usually less expensive because they charge a certain percentage of the bail amount.
When a person appears for all their court hearings, they can receive their bail back. If they used a bail bondsman, they don’t get what they paid back. The bondsman retains the money paid as a service fee.
If the defendant doesn’t appear for court, a warrant is issued for their arrest. If they worked with a bondsman, the bail bond company will come looking for them because that company has to pay the full bail if the person isn’t turned in.
It’s sometimes possible to have a bail amount reduced. Some charges have preset bail amounts, but others will require a bail hearing. Working with someone who understands these matters is critical for defendants.