The word bail and bond are often used interchangeably. Although used in the same sense, these words have different meanings.
Bail means giving a certain amount of money to the court in exchange for your release from court with certain conditions, the prominent one includes returning to the court with further legal procedures.
While a bond is posted on the defendant’s behalf by the bond bail company. It doesn’t involve giving the money to the court.
To simplify the concepts, we have explained a few details that will give you an idea of how they are different.
How Does Bond Work?
The working of a Personal Bail Bond is quite simple compared to bail. Unlike bail where the defendant has to pay a hefty amount, with bond, he/she only has to pay 10-20% of the bail amount to bail bond companies. They act as the defendant’s representative and help with their release.
They often sign a legal bond on behalf of the defendant that in case of any disarray from the court’s requirements, they will be responsible. This bond is called a surety bond. In case the defendant fails to comply with the court’s hearing or is absent for further criminal proceedings, the court holds a bond company accountable.
Requirements of Bail-Bond Company
Since the bond company is accountable for a large sum of money as well as their legal status is at stake, they want the defendant to regularly check in. It ensures the defendant’s presence all the time. Betting this big of a game on someone with criminal charges is already a risky thing, that’s why proper care is necessary.
Generally, to be able to acquire the services of the bail bond company, you need to have a good prior record. However, many companies have many rules and regulations of their own. So, it depends on the company that you are hiring and whether or not you have to ensure your continuous presence.
How Does Bail Work?
Bail is not considered as a punishment. The bail amount is considered a source of letting the court know that the defendant is ashamed of his actions and ready to bear the responsibility. It acts as collateral to the court that shows the defendant will respect the court’s wishes. He/she will attend all the preceding criminal hearings and comply with the decision.
In simple words the money defendant will pay is just the way of his/her way out. However, bail is not a guarantee of a release. Many factors account for the approval or denial of bail. Some of them are;
For Approval
No prior criminal record
Community service
For Denial
The potential threat to society
No remorse
Prior criminal record
The court decides on bail money. Mostly, it is not something the defendant can’t pay, but it is still quite a hefty amount. Also, the court holds the right to end bail whenever it sees necessary.
All things considered, the concept of bail and bond is the same, but the way they sort out the matters is different.
