When an individual is arrested for an alleged crime and booked into jail, they can get released by posting bail or obtaining a bond. Usually, the accused has to appear before a judge who will then determine the conditions for their release.
Some factors that come into play in such cases include the severity of the crime and the chances of the accused committing a similar offense again if released.
If the accused is deemed a threat to society, the judge may deny bail, meaning the suspect is remanded into police custody until the trial begins.
Bail or Bond – What is the Difference?
It is pretty common to find the terms bail and bond being used interchangeably in legal settings. While they are similar, you should note that they hold innate differences.
On one hand, bail is the amount of money the accused must pay to get out of jail. On the other hand, bonds are posted on the defendant’s behalf, usually by a bond company.
So, what exactly is bail? Is it a form of punishment? Think of it as collateral left with the court to ensure the accused will abide by certain conditions and return to court for the trial.
Factors Influencing Bail Amounts
Once an individual is arrested, the judge will set the amount of bail in a bail hearing, which may be coupled with other conditions for release. You should note that factors like flight risk and risk of committing more crime could weigh against bail.
However, factors like a lack of past criminal history and positive ties to the local community could favor being granted bail.
Below are some of the possible outcomes of a bail hearing:
- Denial of Bail – Such outcomes are typical when the defendant is proven too much of a flight risk. In other cases, individuals may be denied bail if they can interfere with the local community.
- Personal Bond – Here, the defendant secures their release based on a set upon agreement where they are liable for punishment if they fail to appear in court.
- Bail Set With Terms of Release – Here, the defendant may go free by so long as they adhere to the conditions of release imposed by a judge.
- Release by Own Recognizance – The accused is released after signing an agreement to adhere to certain conditions and return to court for the scheduled trial date.
What Happens When You Can’t Afford the Bail Amount? Bail Bond Companies
In most cases, the bail amount is far beyond the financial scope of most individuals, which is where bail bond companies come in. These are for-profit organizations that charge a non-refundable fee to post bail on behalf of the defendant.
So, How Does it Work?
The bail bond company will sign a contract known as a surety bond. Here, it agrees liability for the set bail amount if the defendant fails to adhere to the court’s conditions.
If the defendant fails to adhere to these regulations, the bail bond company will probably seek the services of a bail recovery agent/bounty hunter.
In most cases, the bail bond company will require the defendant to check in regularly since they are set to lose a lot of money if things go south.