Understanding What Bail and Bonds Are

Whether you hear it from a TV show or see it yourself, the terms bail and bonds are nothing new. However, many people conflate the terms and think that they are all the same thing. But

There’s nothing wrong with trying to understand what they are. After all, you just don’t know when this knowledge will help you. Even maybe in passing, this knowledge can help you to

The Difference Between Bail and Bonds

Even though most people use both terms interchangeably, bail and bonds are two different things. You should start using the right term to get your point across.

·       Different Purpose

The first difference lies in the purpose of the item. Bail is a specific amount of money that the judge decides on a criminal case. It acts as a guarantee that you will attend all of the trial proceedings.

Each person and case has a different amount of bail. For example, person A in a drug case only has a bail of $1500, while person B in the same case has $7500 as bail. It is at the judge’s discretion, but they need to adhere to several rules on giving out bail. Primarily, they need to check if the person has a previous conviction or any incriminating factors. The more

Bonds are the amount you pay to the third party, the bondman, to warranty your arrival at the court. It’s a binding obligation between you and the bonds agency where they must assure your presence at the trial.

·       Different Money-Return Guarantee

Since the bail posted acts as the guarantee for you to come to your court dates, they will refund you the full amount when you have completed the trial. The only thing affecting this amount is the court fees and other expenses.

And because bonds involve a third party, you won’t have the same money-back guarantee. Instead, they will charge you for their service and ask for collateral. However, when you conclude your case, you will get the collateral back.

Bondsman, What Do They Do

Not all defendants in a criminal case have the means to pay their bail. When that happens, they will contact a bondsman to act as the guarantor. They will pay for the bail in exchange for a service fee and collateral.

Most bondsman take 10-15% of total bail as their service fee. This excludes the collateral worth that will bind the defendant with the agent. When the defendant fails to appear in court, the bondsman may take the collateral and even use outside resources to bring the defendant to court. Each bond agent has a different contract for each client as they possess different risks.

Nobody enjoys dealing with the law, as it can be highly confusing with so many jargon. However, everyone needs to understand basic law terms to understand their rights and obligations. Understanding how the court system works also can help when someone you know is going through the system. You can support them as they navigate through the system.