When a person gets in the custody of the police and is charged with an alleged offense, she or he has a chance of getting out of jail by posting bail or by getting a bond. The judge would determine what would be the required amount of bail based on the severity of the alleged offense, chances that the accused flees from jurisdiction before the trial starts, as well as will the defender commit any other additional crimes after the release. So, the judge has the power to set the bail at any amount that is not unreasonable or to deny it completely.
Differences Between Bail and Bond
When talking about jail release, the words “bond” and “bail” are most often used almost interchangeably. However, even if they are closely related and with each other, they are not the same thing. The money that the accused must pay so he could get out of jail is called bail, while the bond is posted on the defendant’s behalf. Most usually, to secure his or her release, it is posted by the bail bond company.
You would be wrong to think that the bail represents the punishment, rather it is a way to secure the suspect’s agreement that he or she must follow certain conditions and then return to the court. So, bail is kind of like the guarantee. It is left to the court to ensure that after the accused is released from jail will return for the remaining parts of the criminal case. In case the guilty party does not appear or violates the court’s release conditions, they might be deprived of the chance to pay the sum.
In case that the defendant has posted the bond, the bail bond company will withdraw the money.
What Is a Bail Bond?
Almost always, the bail amount is set the way that it is beyond the financial reach for the majority of people. In most states, the bail bond companies are a for-profit business that charges a fee that is not refundable.
It usually goes between 10 to 20 percent of the bail sum to post bail for the accused. The contract that the bail bond company signs, known as the surety bond, represents the agreement that it will be responsible for the full sum in case the defendant fails to appear in court. In case that they do appear, he or she will be deprived of their bail. If you want to know more about bail bonds, the experts here can give you more detailed answers. In summary, bail associations are potentially on the hook for large amounts of money, the defendant will need to check in regularly. There is also a possibility, depending on a case, that he would need to consent to be monitored by the company. In case the accused fails to appear at court, the next step of the bail bond company might be to retain the services of a bail recovery agent.
The nickname of the agent sometimes can be “the bounty hunter”.
Typically, courts would impose additional boundaries or requirements on defendants when determining the bail-in addition to deciding the amount that a defendant must pay to be released. Those limitations are similar to those that are pushed on people that have been found guilty of the charge of a crime and have been sentenced out to probation.
The police can take back the accused in the custody until the trial in case the bail conditions have been violated. They can also deprive the defendant of any bail paid. These are some of the typical bail conditions:
- People on the bail must make regular check-ins with pretrial services officers, just as much as it would be checking in with the probation or parole officer. These officers would monitor the accused. Their job is to make sure that he or she is compliant with the conditions and orders that were set by the court.
- In those cases where the defendant was accused of domestic violence, making criminal threats, stalking, or any other similar crime, the court would impose a no-contact order. That means that the accused must not contact the alleged crime victims.
- While on bail, the courts can ask the accused to maintain their job. In case he or she is unemployed, while on bail, they will have to attempt to find one as ordered by the court.
- Most often, defendants cannot change their location, to be the precise areas. That is applicable unless the court specifically allows it.
- The defendant that has had drug abuse, drunk driving and other substance abuse-related offenses is usually required to restrain from using any of those substances as a condition of the bail.
- Even if the accused did not possess any kind of firearms, the court may set as a bail condition that under any circumstances, cannot own any weapons.
Bail is by the majority of people associated with the specific cash amount. The idea is simple; if you have the money to pay the bail, in case you have been arrested, you can get out of jail.
When the bail amount is large, bail can be most often more than complicated. There might be a variety of bail bonds available, depending on the jurisdiction of the state. Some types are not allowed in some states or certain situations, while others are almost always less often employed than others. These types of bails can be expected in the case that you are the defendant:
- Signature and Unsecured Bond
- Personal Recognizance Bond (Own Recognizance Bond)
- Surety Bond or Bail Bond
- Cash Bond
Bail and bond can be much more complicated matters than people would imagine them to be, just like all parts of criminal justice. Even when the circumstances are the best, it can still involve a lot of serious financial risks and money. That by itself is hard enough, let alone when the potential criminal case consequences come later.
By knowing what options you have at your disposal, just like in all matters that are concerning criminal law, you can make sure to adequately protect yourself. That often requires the assistance of a lawyer, have that in mind before making any rash decisions.
If you do not have all the facts, an attorney is the best to consult with since he can make sure as a qualified expert in the field to guide you the right way.