Difference Between Bail and Bond

Many jails and police stations around the world are responsible for holding citizens accused of a crime until their case comes to trial. To help with overcrowding in the jail system, the judicial branch allows the accused to be released from jail with the promise to return to court for the trial in certain cases. Even though at times the accused criminal is released on their own promise to return, more often than not they are required to place a monetary amount on deposit with the court to ensure that they will return to court to face trial.

The amount of money placed on deposit to ensure you will return for your trial is called bail. The court defines the amount of bail you have to pay to obtain release from jail until trial depending on the case. The bail amount is often related to both the particular crime in question and to the perceived risk that the accused will flee before trial. Bail can be set anywhere from a few thousand dollars up to a million or more dollars. Most defendants don’t have the means to write a check for that amount of money to obtain bail and are forced to hire a bonding company. When a person’s own assets can’t meet bail, the accused may borrow the money from a company that specializes in paying the jail for people's release. The payment made by the company is called a bond. The court accepts the bond in assurance that the defendant will return to court on the trial date. The usual fee for supplying the bond is 10% of the bail amount. The loan of bail is made using collateral on the part of the defendant. Collateral may be in the form of any vehicle of value, such as, cars, boats, houses, land or financial instruments (stocks, bonds, etc.). The bail amount is refunded when the defendant appears in court. Part of the bail money is then paid to the bail bond company to pay for their services. The bail bond company has a trusted relationship with the court system, thus their credit reliable for posting bail is reliable. If the defendant is found guilty and required to pay fines and other fees, these are deducted from the bail prior to the return of the money.

Paying Bail or Bonds

Bail is a type of financial insurance that guarantees that the accused will not flee. If the accused runs away or “jumps” bail then the bail money is forfeited. Many bail bond companies will then pursue the accused to bring them back to trial. Bounty hunters are used to hunt down bail jumpers. Bounty hunters have limited legal power, determined by the state in which they operate. If they pursue a fugitive across state lines then they have to conform to the laws of that state in fulfilling their job duties. Most states allow bounty hunters to enter a person’s private property without a warrant to serve a re-arrest on a fugitive. Firearms are only allowed to be carried by bounty hunters if they have been licensed with the state. Once a bailed out individual is returned to stand trial, the court will refund the bail money to the bond company. The bounty hunter, like the bonding company, typically earns about 10% of the bail as a fee for their services.

Bounty hunters operate in all states in the US except Kentucky. Kentucky doesn’t have a bail bond industry, so there is no one to sponsor the bounty hunter. Most bounty hunters are required to be licensed with the state they operate in and must fulfill the licensing requirements of that state. The requirements vary depending on state and range from no formal training to be sanctioned as a bail bondsman to the attendance of a specified set of courses as required by the states penal code. In Texas, bounty hunters are required to be peace officers, armed security officers or private investigators. If you need to use a bail bondsman, don’t try and jump bail. Fleeing justice will only make your innocence more questionable and will cost you more money in the end. Your safety may be in danger as well during the pursuit by a bounty hunter. Their only job is to make sure that you return to stand trial.