Bail is a financial assurance given to a court by a defendant or their guarantor promising to appear for all hearings associated with their criminal case. The purpose of bail is to ensure that defendants appear in court as required and not flee justice.
However, various bail bond laws in the United States make it difficult to understand how they work. This blog post will explore the different types of bail bonds and how they impact criminal cases in the United States.
Bail bond laws in the United States
Bail laws in the United States have their origins in the British legal system. Like many other elements of American law, this influence has led to an interesting mix of similarities and differences between the two systems. At its most fundamental level, bail is intended to ensure that defendants will not flee their case or commit additional crimes while free. If the defendant fails to appear for trial, their bail will be forfeited. However, some defendants may not have the financial resources to post bail. In this case, they can petition the court for “judicial release” on their own recognizance or with an electronic monitoring device. However, not all jurisdictions recognize the concept of judicial release.
While each state has a different set of laws regarding the use and implementation of bail bonds, there are several main types. These include:
Cash Bail: This form of bond is the most common. In this situation, those arrested pay a cash sum to their local jail as collateral for their release until they appear later to a judge.
Property Bond: In this situation, someone with no criminal record can use their home or other property as collateral for their release from jail. If the defendant fails to appear in court at the required time, they forfeit that already-encumbered piece of property.
Surety Bond: This form of bond is used more frequently in extradition and federal criminal cases. In this situation, the defendant is released from jail on their own recognizance with the condition that they find someone to be responsible for them.
Laws related to different types of bails
Cash Bail – This applies to defendants who cannot post a property bond or find someone willing to act as their surety. Defendants in this situation must appear at the courthouse multiple times during their case, and each time must pay a cash sum to secure their release from jail until their final day in court.
Property Bond – This applies to defendants who are only required to appear in court once. Defendants in this situation must use their home or other property as collateral, which is then put up for title after the defendant’s release. This means that if the defendant fails to appear in court at this first required appearance, the plaintiff is entitled to use the defendant’s property as compensation.
Surety Bond – This type of bond applies when the defendant in question has no criminal record and is not a flight risk. In this situation, the defendant is released from jail on their own recognizance with the condition that they find someone to be responsible for them. The “responsible party” then acts as surety on the bond and commits themselves to financially guaranteeing the appearance of the extradited person in court.
If you find yourself in a legal issue, instead of stressing out, you should take action. DeLaughter Bail Bond Agency can help you with your bail procedure. Helping people across 14 different states in the USA, we are a 24-hour bail bonds agency having licensed bail bondsmen. Don’t hesitate to contact us anytime.