Bail is a sum of money that is paid to the court as a guarantee that a defendant will appear for their trial. If the defendant fails to appear, they will forfeit the bail money and a warrant will be issued for their arrest.
Bail Bond: type of surety
Bail bonds are a type of surety bond that is used to secure the release of a defendant from jail before trial. A bail bondsman is a person or company that agrees to pay the bail amount in exchange for a fee from the defendant or their family. If the defendant fails to appear for their trial, the bail bondsman is liable to the court for the full amount of the bail.
Bail bonds are controversial, with some people arguing that they are unfair to poor defendants who cannot afford to pay the bail amount. Others argue that bail bonds are necessary to ensure that defendants appear for their trials.
There are two main types of bail bonds: commercial bail bonds and personal bail bonds. Commercial bail bonds are issued by a bail bonds company, while personal bail bonds are issued by a friend or family member of the defendant.
Commercial bail bonds are the most common type of bail bond. A bail bondsman will typically charge a fee of 10% of the bail amount. For example, if the bail amount is $10,000, the bail bondsman will charge a fee of $1,000.
Personal bail bonds are less common than commercial bail bonds. A friend or family member of the defendant will typically have to put up their own money as collateral. If the defendant fails to appear for their trial, the friend or family member will lose the collateral.
There are a few things to keep in mind if you are considering using a bail bondsman:
- The bail bondsman will charge a fee.
- The bail bondsman will require you to provide collateral.
- If you fail to appear for your trial, the bail bondsman will be liable to the court for the full amount of the bail.
- If you are arrested, you will need to contact a bail bondsman to arrange for your release.
If you are unable to afford bail, you may be eligible for a pretrial release program. Pretrial release programs are designed to keep defendants out of jail while they await trial. There are a variety of pretrial release programs, and each program has its own eligibility requirements.
If you are eligible for a pretrial release program, you may be able to get out of jail without having to pay bail. However, you may still have to pay a fee to the pretrial release program.
If you are facing criminal charges, it is important to speak with an attorney. An attorney can help you understand your options and can help you navigate the bail process.