What is a Bond and how do I Bail Someone out of Jail?

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A bond or bail bond is an amount of money that a defendant has to pay in order to stay out of jail while their case is pending.  It is a way to assure that defendants appear at all court hearings.  When you are charged with a crime, bond is usually set either by the arresting agency or by a judge at an initial appearance.

 

Personal Bond

Sometimes the court or arresting agency with give you a personal or “OR” bond.  This means that you do not have to post any money with the court in order to stay out of jail during the case.  Personal bonds are usually given in non-violent misdemeanor cases and non-violent low-level felony cases. 

 

Surety Bond

Sometimes the court will give a cash/surety bond.  With this bond you have the option of paying the full cash amount or using a surety to help you pay the amount of the bond.  A surety is someone that posts the bond on your behalf and is legally liable for that bond amount.  Bondsmen are sureties.  They will post your bond for you and charge you a fee, usually 10% of the bond value. 

 

Eg. if you have a $10,000 dollar bond and a bondsman posts that bond for you they typically would charge you a $1,000 dollars. 

 

10% Bonds

Another common type of bond is a bond with a 10% privilege. With this bond you can post 10% of the value of the bond with the court.  This is beneficial because once the case has concluded the court returns the money to you (with a surety bond, the bond company does not return their fee they charge).

Categories: General
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