What's The Difference Between Bond And Bail?

Introduction

When it comes to the legal system, there are many terms that can be confusing. Two such terms are bond and bail. While they may seem interchangeable, they are actually quite different. In this article, we will explore the differences between bond and bail.

Bail

Bail is a sum of money paid to the court in exchange for the release of a defendant from jail. This money serves as a guarantee that the defendant will return to court for their trial. If the defendant fails to appear in court, the bail money is forfeited to the court.

How Bail Works

When someone is arrested, they are taken to jail and booked. The judge will then set a bail amount based on the severity of the crime and the defendant’s criminal history. If the defendant cannot afford to pay the full amount, they can work with a bail bondsman to secure a bond.

Types of Bail

There are two types of bail: cash bail and surety bail. Cash bail is paid directly to the court, while surety bail is paid through a bail bondsman. In both cases, the money is returned at the end of the trial as long as the defendant appears in court.

Bond

A bond is a type of insurance policy that guarantees the full amount of bail will be paid if the defendant fails to appear in court. Bonds are typically issued by insurance companies and can be purchased by the defendant or their family.

How Bond Works

When a bond is purchased, the defendant or their family pays a percentage of the total bail amount to the insurance company. The insurance company then issues a bond to the court for the full amount of bail. If the defendant fails to appear in court, the insurance company is responsible for paying the full amount of bail.

Types of Bond

There are several types of bonds, including cash bonds, property bonds, and surety bonds. Cash bonds are paid directly to the court, while property bonds use real estate as collateral. Surety bonds are issued by insurance companies and are the most common type of bond.

Conclusion

While bond and bail may seem like the same thing, they are actually quite different. Bail is the amount of money paid to the court to secure the release of a defendant, while bond is an insurance policy that guarantees the full amount of bail will be paid if the defendant fails to appear in court. Understanding these differences is important for anyone involved in the legal system.