BAIL AND BOND; HOW IT WORKS

 BAIL AND BOND; WHAT IT IS AND HOW IT WORKS

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BAIL, BONDS, LEGAL CONCERNS

   Once a person is in police custody and is charged with an alleged

 offense, he or she may be able to get out of jail by posting bail or 

obtaining a bond. A judge determines the amount of bail based on 

factors like the severity of the alleged offense, the likelihood that 

the defendant will commit additional crimes after being released, 

and the chances that the defendant will flee the jurisdiction before 

trial. A judge may set bail at any amount that is not objectively 

unreasonable or deny bail altogether. The Eighth Amendment to 

the U.S. Constitution prohibits “excessive bail” but does not state

 that courts are required to allow bail.

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BAIL VS. BOND

  The words “bail” and “bond” are often used almost 

interchangeably when discussing jail release, and while they are 

closely related to each other, they are not the same thing. Bail is 

the money a defendant must pay in order to get out of jail. A bond 

is posted on a defendant’s behalf, usually by a bail bond company,

 to secure his or her release.

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PENDING WARRANT

 Defendants with pending warrants are usually not eligible for bail.

  Bail is not intended as a punishment in itself. It is rather a way of

 securing a defendant’s agreement to abide by certain conditions 

and return to court. In that sense, bail is like collateral left with 

the court to ensure that, after the defendant’s release from jail, he

 or she will return for the remaining parts of the criminal case. If 

the defendant fails to appear or violates the conditions of the 

release, he or she might forfeit the amount paid. If the defendant

 posted a bond, the bail bond company forfeits the money, as

 discussed below.

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BAIL HEARING

After a person’s arrest, a judge or other court officer will set the amount of

 bail, along with any other conditions for his or her release from jail. 

Factors to consider that could weigh against bail include flight risk and risk

 to the public of further criminal activity. Factors that might be favorable to

 granting bail include a lack of prior criminal history and ties to the 

community. Possible rulings in a bail hearing include:

RELEASE ON Own Recognizance: The defendant is released from jail in 

exchange for signing an agreement promising to return to court and abide 

by other conditions.

PERSONAL BOND: The defendant is released upon signing a bond, which 

states that he or she will be liable for criminal, and in some cases civil, 

penalties if he or she fails to appear in court.

BAIL SET WITH TIME RELEASE: The defendant may go free by posting bail 

in the amount set by the court, either by paying it directly or obtaining a

 surety bond through a bail bond company.

DENIAL OF BAIL: The defendant is deemed too much of a flight risk or a risk to the public.

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BAIL BOND COMPANIES

  Bail is often set in amounts that are beyond the financial capabilities of 

most people. Bail bond companies are, in most states, for-profit businesses

 that charge a nonrefundable fee, usually 10 to 20 percent of the bail 

amount, to post bail for a defendant.

The bail bond company signs a contract, known as a surety bond, in which

 it agrees to be liable for the full bail amount if the defendant fails to

 appear in court or otherwise forfeits his or her bail. Since the bail bond

 company is potentially on the hook for a large sum of money, it may 

require the defendant to check in on a regular basis, or even consent to be

 monitored by the company. The next step for a bail bond company, if the 

defendant fails to appear in court, might be to retain the services of a bail

 recovery agent, sometimes known as a bounty hunter.