How Bonds Work
A bail bond is derived from two words Bail and Bond; Bail is an amount set by the court to the defendant so that he/she can have temporary freedom as their case continues. Bond is a legal agreement with an institution over a dispute or a business transaction.
A bail bond can be termed as a promise by the defendant that is written to the court to guarantee their presence in all hearings pertaining their cases whereas the set bail amount is the release payment that will facilitate the out of court agreement.
Bail Bonds And How They Work
For a bail bond, a defendant or his/her surety (bail bondsman) is required by the judge to make an entire deposit of the bail in cash or property. The money or property is generally held by the court awaiting the conclusion of the case whereby it’s refunded to whoever posted it. In a case where the defender posts the cash bond, the court has a right to make any deduction owed to it and refunding the defendant the remaining balance.
A bail bondsman is an individual licensed by the state to provide the full bail amount for the defendant in case they can’t raise the figure. Though they do charge a percentage of the total amount as their fee and also need a guarantee of court appearance from the defendant before posting the bail.
Types of Bail Bonds
- Cash Bonds
They are cash payments made straight to the court to allow for the release of the defendant from state custody. Credit cards and cashier’s checks are permitted as payment but in most cases a corrections facility will only accept cash, and since they are vast sums of money, the services of a bail bondsman are generally used as many people don’t have quick access to such amounts, so the assistance of a bail bondsman is always handy.
- Surety Bond
In the case you have no access to the bail amount set, a bail bondsman comes to play. They will offer a bond known as Surety bond. This, in most cases, is a deposit of a certain percentage of the bail money to the bail bondsman and they cover the difference to secure your release. However, one has to agree on a flexible duration of payment and commitment to the set court appearances.
- Property Bond
They are less prevalent across the states and quite common in California. In this case, the defendant surrenders all the rights to a given property to the state to secure their release. The most common asset is ordinarily real estate. Nonetheless, other features have also been used.
It’s a more lengthy process since the court has to assess the property brought forward before granting the defendant freedom thus it may take longer to secure their release compared to cash and surety bond.
- Immigration Bond
These are characteristic bonds ordinarily popular with immigrants. They are highly dependent on the immigrants’ status in the host country thus a bit harder to get. Several expert bail guarantors though have crafted a means to maneuver these bonds and can help one understand them and eventually secure their release.
- Federal Bail Bond
Similar to the property bond these federal bail bonds are paid directly to the court and are generally for federal crimes. They are standard in property or cash.
- Citation Release
A citation is typically given to the defendant if he/she has been arrested before, it provides for the offender to appear in court at on a given date for hearing and sentencing. Normally neither property nor cash bail is present as the arresting officer doesn’t march the defendant to a police station.
They are popular with minor offenses that the officer might decide don’t require for the offender to be taken into custody. Nevertheless, in the case one is arrested the other forms of bail bonds do come into play.
- Personal Recognizance Release
Similar to the Citation release, a personal recognizance release is acquired by just signing an agreement with courts to appear for your hearings on given court dates. No form of cash or surety is required. However, penalties will come into play on failure to appear in the given court dates.
The recognizance release is purely in the discretion of the arresting officer; you can decide to fight them in court if you please though hiring a lawyer to do that can equally be financially draining.