When criminals and culprits are released from jail, several are “bonded out,” and some are released on bail, or you can say “bailed out.” During news and media broadcasts, these two terms look identical, and there is a misconception that both have the same meaning. The meaning of both these terms is not exact, but the effect is; a “provisional freedom.”
Bail VS Bond
The major difference between a bond and bail is subtle, but in the end, it comes down to the source of the money; who and what secures the suspect’s release?
To describe the bail, it is the amount that any defendant will have to deposit to secure his freedom. If the defendant is unable to appear in front of the court at a given time, he loses that amount.
Similarly, if the defendant or any of his family member pays the bail amount, the defendant will be bailed or release from jail. But it is also seen that many criminal defendants usually don’t have enough amount to make bail. At this point, the bonds come into the picture.
Bonds are bail dues or bail monies deposited by a bail bond company. The defendant gets a loan against any collateral; it can be a car or house. Plus, the defendant also pays an agreed fee to get that loan amount. Usually, the fee is 10% of the total bail amount.
This doesn’t happen in all cases. Some states and countries only allow defendants to post their own property as a bond. And in such cases, the defendant is not permitted to use the bail bond company’s services.
If the court allows, a bail bondsman company pays a part of the bail amount and guarantees the court that they will give the rest, if the defendant disappears. Usually, courts agree with this assurance as the suspect will lose his property if he/she escapes.
In some circumstances, you can come across the term “signature bond.” Here, the defendant requests his release from custody by offering a written promise to present in court when called. And if the defendant doesn’t appear, he will have to pay a fixed amount of money to the court.
Is it possible to get a bond refund?
Probably the most significant difference between bail and a bond is that you cannot get a bond refund irrespective of the situation.
Only in some cases and if you post the cash bail and fulfill the court’s requirements, you can request a refund, but that will be paid after deducting the court fees.
What will the court do if the defendant skips Bail?
If a defendant breaks any bail term, the court and the bond company will send the defendant back to prison for a trial. In this situation, the bond company will also lose its amount.
To Sum Up
There is a major difference between a bond and bail. To simplify, defendants who secure their freedom with money immediately are referred to as the bailed outs. In contrast, suspects who secure their freedom with any collateral; it can be a property, or a promise is called bonded out.
