In the context of someone being lawfully detained, the terms “bail” and “bond” are closely related. Both terms refer to a defendant putting forth a financial backing on their promise to appear in court for their ordered court dates, as a requirement for the defendant’s release from custody. In this article we discuss bail vs bond and the differences between these terms from a United States perspective. Other countries may have different procedures.
The Basics
The purpose of the bail system is to guarantee the appearance of a defendant in court. After being arrested and the booking process has been completed the defendant is taken to a cell. This is usually when that infamous “one call” is made available and it is at this time the arrested person can request bail services. A call can be made directly to a bail bond agency, or one may prefer to ask friends or family to work with a bail bond company on their behalf.
A bail hearing will take place in order for a judge to decide whether to allow a defendant to post bail and subsequently be released from custody while awaiting trial. This court proceeding will also determine the bail amount. If an individual wishes to post bail while judges are not available, local bail schedules will determine the bail cost.
The Difference between Bail vs Bond
Bail is the full amount of money that a defendant would pay the court to secure their release until their trial date in court. However, people are often unable or wish to avoid paying the full amount of bail, which can cost anywhere from $1,000 to $100,000 and up. This is where obtaining a bond comes into play.
A certified bail bond agent, like those at Bail House Bail Bonds, can arrange to have an individual released from jail prior to their court date in exchange for money or collateral, which is typically a bond. The bail agent vouches that the defendant will appear at all of their appointed court hearings, promising to pay the full bail amount if the suspect fails to appear at their scheduled dates. Failing to appear in court almost always results in bail forfeiture.
In order for a bail bond agent to post the bond at the appropriate jail or detention facility, the defendant (or family member or close friend) pays the bail agency a fee, which is typically set at 10 percent of the bail amount. Once posted, the bond secures the release of the defendant until their court date.
The Bottom Line
A bail bond, in essence, is a surety that the full bail amount will be paid if the defendant does not appear in court on their appointed date. Although we believe it is good to be aware of the bail bond process, it is not necessary to completely understand the difference between bail vs bond to get help and be released from custody.
If you or a loved one needs help to post bail and get out of jail fast, call Bail House Bail Bonds for professional, compassionate, and speedy service! Our licensed bail agents are available around the clock, 24 hours a day, 7 days a week, and every day of the year – including holidays. Call us at (916) 782-7048 or message us using our contact form.