What is the Difference between Bond and Bail?

Books, television, movies, or even through games, you might have heard the term “bail” used in a court setting. Someone is arrested for a crime and before the actual hearing takes place, he or she is released from prison on bail. But what exactly is “bail”?

Defining Bail

The criminal justice system in California makes use of bail as a way for accused or defendants to get out of jail for the time being while they await their day in court. This can be quite useful because let’s face it, no one wants to spend any time in jail. This also allows the defendant to properly formulate their defense in court which can be a bit harder when locked in jail.

When bail is provided by the defendant, they are immediately set free. This is essentially a promise or insurance that they will come back to court for proceedings. After the trial is over, whether the accused is found guilty or not, the bail amount is refunded.

Simply put, the court sets bail so the accused does not run away. This is the main reason why it is set at a high rate, most of the time.

The actual amount is determined by the judge handling the case. They look at several different factors here which can include:

• The background of the accused. First time offenders can get a more lenient bail amount as compared to frequent offenders.
• The immediate threat posed by the accused to society.
• The nature of the crime the defendant is accused of. More heinous crimes are normally charged with higher bail amounts.

Other factors can also play a role but basically, it is the judge’s call.

However, not everyone can afford the bail amount set on them. It can be pretty steep depending on the situation. In these cases, the accused has the option to go with a bail bondsman to get a bail bond.

Defining Bail Bond

Since a bail isn’t really something that a person pays but rather just puts up money to ensure their cooperation, there are bail bondsmen who would provide this service if the defendant cannot afford the bail. A bail bond is created wherein the bail bondsman would front the money so the defendant is set free from jail.

However, there is a catch of course. In order to get this service, the defendant would pay 10% of the total amount of the bail to the bail bondsman first. Next, collateral is needed or a co-signee from a relative or friend to ensure that the money of the bail bondsman would be returned in case the accused flees.

Once the trial is over, the bail bond would become dissolved. The collaterals are returned. And the initial 10% is kept by the bail bondsman as payment for service provided.

Difference between Bail and a Bond

Both bail and bail bond serve the same purpose of helping the accused be set free from jail before their court hearings. The main difference is the manner of how the money is provided to the court.

By posting bail, the defendant uses his or her own money to be kept by the court until after the trial is over. By getting a bail bond however, it is the money of a third party that is used which is backed by collaterals.

For the accused, the biggest difference between the two is the fact that they have to give up 10% of the bail amount if they opt to go with a bond. However, this is a good compromise if they do not have enough money to begin with in order to post bail.

Another difference is when the person flees. If they posted bail, then the money is simply forfeited to the court. If they have a bail bond however, the bail bondsman would need to take collaterals and monetize them in order to gain the money back. This can get messy especially if there are co-signees involved in the matter.

Overall, if you have the cash for it, it can be good to post bail on your own. It simplifies everything. However, it can leave you strapped for cash especially if you can barely afford the bail to begin with. This is when a bail bond becomes necessary. By getting a bail bond, you are set free without having to produce the amount of money required by the court. Our bail bond in California will assists you.

If you are in need of a bail bond, we at ABC Bonding can help you with that. We are a service you would be glad to know but not need, rather than not know us but eventually need us. We can provide you our best California bail bonds reliable service that can help you or anyone you love out of a dire situation. And since this would be an emotional time, we can help you make the right decisions through our consultations so that we can guide you from start to finish.

You can book our free consultations by contacting us now.