You’ve probably heard of the term bail bond before. You’ve heard it on TV, on the radio and you’ve probably read it from a newspaper but what exactly does it mean? What is bail and how is it different from bail bond and how do a proper bail bond procedure? You see, when someone commits a crime and they get caught and arrested, they will be sent to jail temporarily until the they are given a court date. They will stay in jail until the judge makes a decision to release them on bail.
Bail Defined
Bail is a set amount that serves as insurance between the defendant and the court. All defendants are given a chance to pay in cash, however, not a lot of defendants are able to pay cash in its full amount. Furthermore, most if not all bail is set at a very high amount making it impossible for defendants to pay it themselves, which is why they need the assistance of a bail agent or otherwise known as a bail bondsman. A bail bondsman will post a bail bond on their behalf.
Bail Bond Defined
A bail bond is considered a surety bond. It’s a promise made by a guarantor that he or she will pay a certain amount if the defendant will not be able to fulfill his or her obligation like following the contract agreed. A bail bond is a form of protection for the obligee from losses if and when the defendant fails to meet his or her obligation.
Two Kinds of Bail Bond
There are two different types of bail bond. The first one is a criminal bail bond while the second one is a civil bail bond. Let’s discuss each type.
Criminal Bail Bond – this type of bond will be used on individuals with criminal cases. This bail bond will guarantee that the defendant will make an appearance in trial and that he or she will guarantee payment for penalties and fines that are charged to him or her.
Civil Bail Bond – meanwhile, a civil bail bond is used on individuals with civil cases and serves as a guarantee to recompense for the debt besides the interest and costs that are charged to the person in jail.
How Bail Bonds Work
When a judge orders a specific bail amount and the defendant is not able to pay the bail with their own money they can ask for help. This kind of service is offered by bail bondsmen. In order to pay for a bail bond, the defendant is required to settle with a bail bondsman ten percent of the total bail amount.
The remaining bail amount will be paid through a collateral. Assuming the defendant does not have sufficient collateral to pay for the remaining amount, the bail bondsman can ask for financial assistance from friends and family of the defendant to cover the bail. In most cases though, an extra cash payment on top of the full collateral are needed for bail bond to be posted.
The defendants are required to appear in court when the judge has already concluded a court date but what happens if they don’t show up? What could possibly happen if they go AWOL?
If the defendant doesn’t show up at court the bail bond will of course be forfeited and the court will ask that the remaining ninety percent be paid. This will not be a major cause for concern for the bail bondsman because of the collateral provided by the defendant or the defendant’s family. The collateral can come in the form of stocks, jewelry, property, car etc. This will be used to pay the court of the remaining bail.
If the court case is concluded and the defendant did make an appearance for court then the bail bond will not be used and the collateral will be returned. However, the bail bondsman will still get to keep the profit amounting to ten percent of the bail bond amount.
There are certain states the ban the use of bail bondsman. Examples of these states include Wisconsin, Oregon, Kentucky and Illinois. Although these states still have bail bonds, instead of the 10% going to the bail bondsman, the money goes straight to court.