Distinguishing Between Bail and Bond

by Tanya March 10, 2021

Posting bail or obtaining a bond are the ways for ensuring the release of a person in police custody pending an appearance in court for trial.  The bail process involves a judge, who determines the bail amount by considering the details of the case, the type of charges and its seriousness, the chances of the defendant not involving in further crimes if released, and the chances of the arrested person fleeing the jurisdiction before the commencement of the trial.

The judge is the sole authority to decide the bail amount that can act as a deterrent that forces the person to abide by the bail’s conditions. On the other hand, the judge might outright deny bail to the person if it feels that it will be unsafe and risky to release the person who might create more problems.

The limitations of cash payment for securing bail

The defendant has two options for availing bail- pay the sum of money all on their own by seeking help from family and other acquaintances or furnish a bail bond instead with help from Castle Bail Bonds Stark County.  In both cases, the defendant can walk out of jail but making cash payment for the bail amount, which is usually relatively high, is quite challenging from the perspective of arranging quick funds. Moreover, it is necessary to prove the money is from legal sources, or else the court will not accept it.  Overall, it is a tough job to arrange for bail by paying cash all on your own, and it defies the purpose of ensuring speedy release from jail.

Bail bonds are more convenient

To furnish bail bonds, the defendant must engage a bail bondsman who works in an individual capacity or with some bail bond company that employs a licensed bail bondsman. The bond agent or bondsman represents the defendant by acting as the surety and makes all arrangements for securing the person’s prompt release by furnishing the bail bond equivalent to the bail amount fixed by the judge. Not only does the defendant feel relieved as the bail bondsman does everything on their behalf to ensure fast release, but the money required is only a small percentage of the bail amount. However, to cover the risk of releasing the person, the bail bond company or the bondsman will ask for some collateral security to think twice before trying to jump bail.

Types of bail bonds

Surety bond – The bond described above is a Surety bond that is most prevalent for securing a person’s early release from jail. However, some other types of bonds are acceptable to the court that does not involve a third party.

Property bond – If the person is willing to offer their property instead of cash, the court can accept it and seize it if the person defaults on the bail condition.

Federal bail bond – When a person is accused of interstate or federal crime, it entails a federal bail bond.

Sometimes, if the accused does not seem to be a danger to the community, providing a personal undertaking known as a personal recognizance bond is enough to see the person walk free.

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