Bail and Bond Explained
Most people can be confused when discussing bail and bond, both terms are used extensively in the criminal justice system. Everyone has the right to bail pursuant to the eighth amendment of the United States Constitution. The eight amendment also reads that “excessive bail” will not be required, further protecting the individual’s rights . In general, “bail” is considered cash money given for the release of a detained person from custody. In addition, it promises the defendant’s appearance in court for the alleged criminal charges. If the defendant fails to appear, the bail amount will be forfeited (lost) to the court. Unfortunately, this does not relieve the defendant’s obligations to the court, thus a warrant will be issued for their arrest and bail will more than likely be increased.
The use of “Bail Bonds” are no different than posting cash bail. The bond is a “surety bond” and is considered cash. It also guarantees the defendant’s appearance in court, and failure to do so will result in having to pay the court the amount of the bond. The major difference between bail and bond is that an individual seeks the services of a third party, the bail bond company. This is mostly due to the co-signer not having the lump sum of money themselves to put up with the court. Thus, the bail bond company will charge their bail rates and ask for collateral to secure the bail bond.
Bail and Bond Option
The above explanation of bail and bond gives you a basic understanding of the two options available when wanting to post bail for a friend or loved one. Lets look at several scenarios presented with bail and bond.
Scenario 1: Gina’s wants to bailout her brother Mark, but the bail is set at $50,000.00. She realizes there is no way she can come up with that kind of money, however she is a homeowner and can pay a percentage of the bail amount to a bail bond company. So, the bail agency charges Gina the standard 10% non-refundable premium of $5,000.00 and secures their bail bond with her home. Problem solved, Gina’s brother Mark is out of custody and can continue on with his lifestyle pending the outcome of his criminal case.
Scenario 2: Patrick’s daughter Lisa gets arrested and bail is set at $7,500.00. Patrick does have the money in savings and decides to use it for his daughter’s release from the Orange County Jail. He takes a cashier’s check in that amount to the jail and posts her bail, releasing her pending the outcome of her criminal case.
The scenarios described above are pretty straight forward, lets see what happens with some road blocks.
Bail and Bond Road Blocks
Experience tells us that the above referenced scenarios don’t always workout that way. For example, Patrick did have the money for Lisa’s bail, but what if the jail’s policy required no checks or credit cards above $5,000.00? What if the jail must verify funds and identity before releasing Patrick’s daughter Lisa? In scenario 1, Gina had the premium for the bond and the collateral to secure it. However, what if she wasn’t a homeowner or didn’t have the complete premium amount for the bond? What if Mark’s arrest records or court records came back with red flags during the booking process? As you can see, there can be many hurdles to overcome during this time of uncertainty. Please consult with a professional bail agent who will explain your bail and bond options. Hopefully, they will be able to assist you in reuniting with your friend or loved one.