When a person is arrested by the police, a judge often will set a bail order, which is an amount of property that must be paid or pledged to the court before she is released from police custody. The amount of the bail depends on the crime that the suspect is accused of committing. For instance, bail for murder is generally higher than what would be set for someone charged with theft. Defendants usually receive the option of paying their bail in cash or posting a bond, often using a bail bondsman. In some states, including Oregon, Wisconsin, Illinois and Kentucky, bonds are not permitted and a defendant can only post bail.
Bail And Bond
Paying bail and posting bond are not the same, even if both achieve the same result. Bail is cash that a defendant pays in order to be released from police custody. Regardless of the amount of the bail, if a defendant pays cash, this is considered a bail bond. A person can also win release from custody by posting a property bond, which is title to a defendant's property. The property would be forfeited in the event the defendant failed to show up in court. A defendant also could uses a bondsman to post a surety bond. The bail bondsman agrees to pay the amount of the bail order if the defendant fails to appear in court.
High Bail Bond Amounts
If the bail order is high, a defendant typically uses a bondsman to post bond rather than pay the bail himself. The bondsman posts the bond under what is called a blanket bond. This is a type of insurance that covers the bond amount for the bondsman in the event that the defendant violates her bail order. When the bail amount is too high to be practical for a defendant to pay, it is better to consult with a bondsman rather than post the bail amount.
Responsibility
When a defendant posts bond through the courts, he is liable for himself. If he does not show up to the court hearings as required, a warrant for his arrest can be issued and his bond will be revoked. The courts do not generally send bounty hunters after the defendants. However, a bondsman can send bounty hunters after a defendant who has violated his bond. In this case, once the defendant is found, he will owe the bondsman for any fees that resulted in hunting and capturing him.
Required Property
Some bail bondsmen require property as a condition for posting a bond for the defendant, in addition to 10 percent of the bail order amount. If a bond is for $200,000, the bondsman would charge the defendant $20,000 and take a mortgage out against the property for the full penal sum of the bond. For a defendant who does not have any property, such as ownership of a home, coming up with the property obligation could be difficult. In this case, not having property could keep the defendant from posting bond, whereas she could pay the $20,000 to the courts without having to use a bondsman.
Bail Refund
The amount of cash bail that a defendant posts to be released from custody can be refunded after trial or dismissal of the case, provided that all court requirements have been met. A bond on the other hand cannot be refunded. Therefore if a defendant hires a bondman to post the bond for him, the bondsman does not have to legally return the money to the defendant.
