How Bail Bonds Work And The Types Of Bonds

When a defendant is granted bail, he feels relieved to go back home instead of sulking in the prison until his trial date

. The defendant has been released and is free now. Depending on the nature of his crime, he will be charged an amount which can be either too high or low. For example, if the bond amount is set to be $100,000, he will be worrying about how to pay that. Being unable to pay the amount means going back behind the bars. Now that is something which the defendant is not looking forward to. In such a situation, the bail bondsman comes in. The bail bondsman is the person who is going to pay the court on your behalf. He pledges your cash or assets and represents himself as your guarantor in the court.

The Bail Process

When a person is arrested for some crime, he is taken to the local police station where a charge is booked against his name. The police records general information about the accused including details of the incident due to which he was arrested. A background check is run to determine criminal history. Finger prints and mug shots are taken and the person is locked-up in the prison.

Trials take several weeks, months and in some cases years to begin, the local law enforcement station cannot keep the defendant in prison for that long. There is always a risk of fleeing or causing damage to the property. Depending on the nature of crime a judge or magistrate will decide whether the accused can be released on bail. The amount of bond will be decided by the judge. The defendant is released once the bond has been presented to the court. The bond acts as a type of insurance and reduces the defendant's flight risk. The court knows that due to the sum attached to the case the accused person will not vanish, but appear to attend his trial.

Types of Bonds

There are several types of bail bonds that a judge may set for the defendant's release. Each bond has a specific bond. The most common types of the bonds are discussed below:

1.Surety Bond - a bail agent assures the court that he will pay if the accused doesn't show up in court.

2.Cash Bail - the defendant is asked to post bail in cash other assets are not acceptable. Since the money has already been paid it binds the accused to appear in court.

3.Property Bond - a lien on property is marked to secure the bail amount. When the defendant fails to appear in the court, the court has the right to seize his property.

4.Release on Personal Recognizance - through this type of bond the defendant is released without any financial motive to secure his return. There is no sum attached to it. The court releases the accused on his own recognizance. Recognizance is a conditional obligation undertaken by a person before the court whereby he recognizes that he owes a personal debt to the state. Release on personal recognizance is only allowed when the charge is minor or a nonviolent crime.

5.Unsecured Personal Bond - as the name suggests, this type of bond is unsecured initially but when the defendant fails to appear in the court for trial he is liable to pay a cash penalty.

6.Secured Personal Bond - full amount is paid to the court which might be refunded upon the completion of defendant's trial.

by: Jenna Ekuban

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