The terms “bail” and “bond” are often used interchangeably, but these are actually two separate things. Though both refer to a payment made to secure someone’s release from jail, the key difference lies in who makes the payment. Bail is paid by the defendant or a loved one in cash; a bond, on the other hand, is paid by a bail bonds agent.
Continue reading to learn more about the bail and bail bonds processes, including when to hire a bail bonds agent and what to expect when you do.
What Happens When You Are Arrested?
After an arrest, you will be booked and scheduled for a bail hearing. We’ll discuss this hearing in a bit more detail shortly. For now, you need to know that bail is a financial commitment to return for your next court hearing. Rather than sit in jail waiting to go before a judge (and potentially a jury), you will give money to the courts as collateral.
The difference between bond and bail is who puts up the money. If you’ve got the money to lay out, that’s wonderful—you can go home within hours of your bail hearing. For many defendants, however, the amount at which bail is set is considerably higher than what they have to spare. Fronting this money could mean missing a car payment, failing to make a mortgage payment, or having to cut back on feeding the family for a long period of time. In most cases, this is simply not an option, and this is where a bond comes into play.
A bond is money that someone, typically a bail bondsman, pays on your behalf. You still get out of jail, but you don’t have to have the cash handy. Either way, you get to go home to your family.
The Bail Bond Process
After your arrest and booking, you will be called before a judge for a bail hearing. During this time, the judge will communicate why you were arrested and what charges are pending.
The judge will then decide whether you will:
- Be released from jail while you await future court dates
- Stay in jail until your next court date
The judge makes this decision based on several factors, including but not limited to:
- The severity of your crime
- Your past criminal history (if any)
- Your ties to the community
- Your likelihood to return for your court dates
- Whether you are a danger to yourself or others.
After weighing these factors, the judge sets or denies bail. If bail is denied, you will have to stay in jail until your next court date. You have the right to a speedy trial; however, the date of your trial will depend on the court’s calendar.
If the judge sets bail, they will determine an amount that you must pay to the courts for your release. You can either pay this wish cash (bail) or with a bond.
Types of Bonds
Now that we’ve discussed the difference between bail and bond, we need to look at the different types of bonds available to you. Remember, the court will only take cash to release you. A bail bondsman, on the other hand, will require physical collateral.
Personal Bond
This type of bond does not include the exchange of money. It is often referred to as ROR, or “released on own recognizance.” The personal bond is a contractual agreement that the defendant will return for their court date and will refrain from certain behaviors during this time. The behaviors can include leaving the county or state, committing other crimes, or engaging in an activity related to their arrest. There may be other conditions to adhere to as well. The judge will only offer this agreement if they are confident the defendant will attend court dates.
A Surety Bond
This term refers to a bond where a third party is willing to assume responsibility for the defendant. If the defendant does not adhere to the conditions of their bail, the third party is responsible, and any bail money posted will be forfeited.
Cash Bond
The term “cash bond” is often used interchangeably with “bail” and “bail bond.” In essence, a third party (often a family member of the defendant), pays the money to the court so the defendant is released. Like a surety bond, the money will be forfeited if the defendant fails to appear in court.
Property Bond
When you work with a bail bondsman to post bail, they will need physical collateral. By temporarily handing over the title to your property, the bail bondsman can ensure that if you don’t attend your court date, they will not lose the money they have posted on your behalf.
Why You Need a Bail Bondsman
If you have a ton of money laying around, you don’t need a bail bondsman. However, if you’re like most people, laying out thousands of dollars to get yourself or a loved one out of jail would create pretty significant financial hardship. If this sounds like your situation, we encourage you to reach out to an experienced and trustworthy bail bondsman as soon as possible.
What If Someone Doesn’t Show Up to Court After Posting Bail?
The threat of losing a large amount of money or your physical property is often enough to ensure attendance at future court dates—but not always. There are some defendants who would rather “skip bail” and are unconcerned with the consequences. When this happens, any bail posted will be forfeited. If you or a loved one fronted the money, it will be lost. If a bail bondsman fronted the money, you will lose whatever physical collateral you gave them. Because of this, it’s always in your best interests to show up to court as required.
Getting Out of Jail After an Arrest
Understanding the difference between bond and bail is the first step to getting yourself or a loved one out of jail quickly. There’s no reason to sit in jail awaiting your trial. If the judge sees fit to set bail, you can either post it yourself or reach out to a bail bondsman and go home where you belong.
Learn how Dan at Dan's Bail Bonds can help if you or someone you care about has been arrested. In addition to assisting with bail bonds, we provide personal attention and compassionate support to every client we serve. Our team is available around the clock to take your call, and you will always have access to Dan. He’s ready to answer your questions and provide the guidance you need to move forward.