Bail and bond are terms used in the legal system to refer to the release of a defendant from custody while they await trial. Although they are often used interchangeably, there are some important differences between the two.
Below are the main Differences between Bail and Bond
Bail is a monetary amount set by a judge or court that a defendant must pay in order to be released from custody before their trial. This amount is often determined based on the severity of the crime, the defendant’s criminal history, and the likelihood that they will flee or pose a danger to the community. Bail can be paid by the defendant or by a bail bondsman on their behalf. If the defendant shows up to all their court appearances, the bail money will be returned at the end of the trial.
A bond is a financial guarantee provided by a third-party (usually a bail bondsman) that the defendant will appear at all their court appearances. The defendant or their family pays a non-refundable fee (usually 10% of the total bail amount) to the bail bondsman, who then posts a bond with the court for the full amount of the bail. If the defendant fails to appear in court, the bondsman is responsible for paying the full amount of the bail.
In summary, bail is the amount of money a defendant must pay to be released from custody before trial, while a bond is a financial guarantee provided by a third-party that the defendant will appear in court.