Keep Bailing

In the world of bail, there are different variations when it comes to the types of bonds used, and ways to have people released from jail.  While the words “bail” and “bail bond” are often used interchangably, there is definately a difference.

Specifically, according to Princeton University’s WordNet, Bail (as a noun) is: ”the legal system that allows an accused person to be temporarily released from custody (usually on condition that a sum of money guarantees their appearance at trial).”

And, Bail (as a verb) is: “secure the release of (someone) by providing security.”

Both “Bail” and “Bail Bonds” accomplish Bail as a verb – they get the defendant out of jail while they await court. Let’s see if we can clarify…

Bail

Without a bondsman, a individual can take cash or a cashier’s check to the jail clerk, pay the full bail amount and the defendant will be released. This is often called a ”cash bail” and a bondsman is not needed in this case.  But be advised, if the bail is very high, let’s say $100,000 for example, the court may want verification of the source funds prior to the release of the defendant.

It’s also important to remember, that if the individual fails to appear in court as ordered; or they violate the conditions of their release, the cash bail can be forfeited. Unfortunately, the person who put up the money can lose the entire amount of cash bail posted if this situation does occur.

When the defendant does fulfill all court obligations, and does not violate any condition of their release at the conclusion of the case, the funds will be returned (less any fees or fines ordered by the court).

Pros of Cash Bail: Once the defendant completes all requirements of their case and the bond is exonerated, the bail money is returned.

Cons: Coming up with the full amount of the bail can be difficult, especially during this tough financial climate. Bail amounts can reach an excess of $100,000. Even at smaller bail amounts, say $25,000 (the average in Southern California) many people have that kind of money sitting around in their bank accounts.

Bail Bond

A bail bond is otherwise known in the insurance industry as a “Surety Bond.” It is, in general terms, a paper ’power of attorney’ which a licensed bail bondsman uses to have the defendant released from jail. The bond writing process is a contractual undertaking, which is also guaranteed by the bail bond companies’ insurance company.

Essentially, the bail bond company, along with the Indemnitor (the person signing the contract with the bondsman), guarantee the court they will ‘make good’ on the bond in case of a forfeiture; (which means, the defendant failed to appear for their mandatory court appearances and cannot be located within 6 months). If that happens, the Indemnitor would be responsible for any fees incurred in the recovery of the defendant. And, if the defendant cannot be located, the indemnitor would be responsible for the full amount of the bail.

Pros of Bail Bonds:  The bail bond costs only %10 of the total bail amount. If the bail is set at $10,000, the Indemnitor would only pay the bail bondsman a $1,000 premium to have the defendant bailed out. This makes it financially achievable for many families and individuals, where large cash bail amounts are not readily available.

Bail Bonds are often also quicker. Let’s take the $10,000 bail. Most people don’t have that kind of money at 2 AM on a Sunday or 2 PM on a Tuesday, for that matter. A bondsman will be available 24 hours a day. An experience bondsman can often get a bond processed in less than an hour.

Cons: The premium amount is non-refundable. The premium is earned by the bail company at the moment the defendant has been released from jail. Even if the case is dismissed, or the charges were dropped, the money paid for their release is not returned.

In summary, there are several options when it comes to having someone released from jail. It’s always best to consult with an expert in the bail industry to find what option would work best in your individual circumstance.