Summary
- Bail and bond can both get you out of jail, but they aren’t identical
- Bail is a “security deposit” you give the court in exchange for release
- Bond is a promise to pay your bail, and a bondsman posts it for a fee
If someone is arrested for a crime and then released, they may be described as being “out on bond” or “out on bail.” If you’re not familiar with the court system, it’s easy to think the terms are interchangeable.
While both serve the same purpose — getting you out of jail while you wait for trial — they aren’t the same thing. Here’s a closer look at the meaning of bail vs. bond.
What's the Difference Between Bond and Bail?
If you haven’t been arrested before, you might be unsure of what sets bail vs. bond apart. Here’s a closer look at the difference.
Bail
After you’re arrested for a crime, it may take months — or sometimes even years — for your case to go to trial. Unless you pose a risk to society or are a flight risk, the courts generally don’t want to keep you in jail the whole time.
However, they don’t want to release you and risk having you disappear. To make sure you’ll return for trial, the court will often set a certain amount of money you must give to the court in order to go free. That money serves as a kind of insurance or security deposit — if you return to court, you get all (or nearly all) of the money back. If you don’t show up, you forfeit it.
Sometimes, you can offer property as collateral instead of giving the court money. This is common if your bail is very high. For instance, if your bail is set at $400,000, you may not have that much cash easily accessible. If your house is worth $400,000, you might offer it as collateral.
The amount of your bail depends on many factors, including the severity of the offense. If your charges are very serious or you are a flight risk, the court may deny bail or set it very high. Bail for a lower-level DUI first offense will likely be lower than bail for a repeat offender.
Courts also will often take your financial situation and your criminal history into account when setting bail. Judges usually want bail to be high enough to incentivize you to come back but not so high that the amount is completely unaffordable. However, if you are a first-time offender, your bail may be lower than bail for someone with an extensive criminal background.
Bond
If you can’t easily access money for bail or if you have limited financial resources, you may be able to get out on bond. To do this, you must work with a bonding company or a bail bondsman. A “bond” is a pledge from the bondsman that they will pay your bail.
To secure a bond, you must pay the bonding company or bondsman a fee — usually 10% of the total bail amount. For example, if you’re arrested for DUI, and the judge sets your bail at $10,000, you must pay the bondsman $1,000. Once you pay the bondsman, the bondsman promises the court they will pay your full bail if you don’t return, and you are released.
It’s important to note that the fee you pay to the bondsman is not refundable. Although it may seem as if the bondsman’s money (and not yours) is on the line, you can face serious financial and legal penalties if you skip out on a bail bond. Here’s what typically happens if you don’t return for your court date:
- The court notifies the bondsman that you failed to appear
- The court gives the bondsman a set amount of time (often 180 days) to find you
- The bondsman attempts to contact you and convince you to turn yourself in
- If you don’t turn yourself in, the bondsman pays the full bail amount to the court
- You become legally liable for the full bail amount
- The bondsman hires a fugitive recovery agent to track you down and arrest you
If you are arrested and returned to jail, your bail will likely be revoked. If you don’t repay the bondsman, they may take legal action against you or attempt to seize property to pay what you owe.
Have You Been Arrested? The Right Lawyer Makes a Difference
If you’ve been arrested, you know that as soon as you get to jail, your main priority is getting out as soon as possible. However, once you’ve decided on bail vs. bond, you should prioritize something else: finding a qualified criminal defense attorney. Even if you feel certain you will be convicted, a skilled attorney may be able to negotiate lighter penalties.
But how do you choose the right defense attorney? Fortunately, that’s not a decision you have to make alone. At ConsumerShield, we help people in need of legal representation find qualified attorneys nearby — and we’re ready to connect you with the defense lawyer you need. Fill out our contact form for a free case review!
