Bail vs. Bonds: What is the Difference?

Among numerous terms that many people conflate and confuse in daily conversation, bail and bonds are some of the popular ones. You hear people talking about paying bonds when they are talking about bail.

This simple mistake is easy to fix as you learn more about the difference between two terms. Then you can use them correctly in the right context.

3 Key Differences

To understand more about bail and bonds, you must pay attention to the three differences they have. These are the core that help you understand them better.

·         People involved

Bail only involves you as the person before the law and the court as the law. You only have limited interactions on what you can do. As soon as the judge posts the bail amount, you must pay it in cash.

On the other hand, bonds have the bondsman as the third party involved. When you have bail in your name, you can contact a bondsman and pay at least 10% of the bail amount as their fee. Then they will pay the full amount to the court for you. And when your case is concluded, they will receive their fund back as you will receive your collateral.

·         Who Pay What

You can pay bail directly to the court not long after the judge sets the amount. There is no actual time limit on how long you must pay the bail. But most defendants post their bail within 24 hours after they hear the amount.

As the amount varies, you must be prepared to pay in cash. And if you don’t have any cash ready, you can hire a bondsman for a fee. They will pay the bail to ensure the court that you will appear before the court. You don’t have to pay the full bail, but you must provide the bondsman with collateral to cover their losses.

·         Consequences

Bail is set to ensure you’re coming to the court for the proceeding. Therefore, once you post bail, the police will release you from jail, and you can resume your life as before.

However, if you fail to post bail or find a guarantor, you must stay incarcerated until your trial. This is a non-negotiable part of the court system. Anyhow, the judge can also deny bail, which means the defendant must stay detained.

As for the bonds, the defendant’s obligation is with both the court and the bond’s office. They have financial ties and obligations with the bondsman. And by law, they still have the court dates to follow.

Both bail and bonds are there to guarantee that the person will attend all of the trials and other court hearings. You need to pay them to ensure the government and law force that you are willing to go through the process as a law-abiding citizen.

Now that you understand the differences between bail and bonds, you will be more careful and use the correct terms. It also means you know what you must do in case you’re brushing with the law or tangled in a complicated situation.