What Is Bond in Court

If you have ever been arrested, then you've probably heard the term "bail." You may have also heard of "what is bond in court." These situations can be difficult to understand, but this article will cover the basics.

Many people feel anxious when dealing with legal processes, but might be too afraid to ask questions. You might even worry that asking will make people assume that you did something wrong. Don't worry though, because this information can empower you and help you figure out your situation, and avoid a criminal record.

Understanding Bail and Bonds

Many use "bail" and "bond" to mean the same thing, but there are differences between these terms. Bail is the money a defendant pays for release from jail. Meanwhile, a bond is commonly secured via a bail bond company.

A criminal defendant has to understand each of these so they can determine which to utilize, especially in court case involving sex crime or domestic violence.

What is Bail?

Bail is the money the court requires for your release from custody. The purpose of bail is to make sure the defendant appears in court for all required court dates. It works like a deposit, allowing you to continue with your life until your case is heard by a judge.

Bail is set after considering a few things. Judges want an incentive to make sure a defendant returns to court. The judge determines the bail amounts while considering several factors to set bail.

The defendant’s criminal history.
Prior criminal record.
Whether there are outstanding warrants.
Previous bonds given.
Flight risk.
Financial status.

Consequences of Skipping Bail

So what happens when you decide that showing up to court isn't your thing? Skipping bail will lead to serious consequences, and you could face additional penalties.

Bail jumping itself is a crime. A defendant who fails to appear not only loses the bail money but can also face another criminal charge. This can make you deemed more of a flight risk as your court case proceeds.

What is a Bond?

A bond comes into play when the defendant can't afford to pay the full bail amount. As such, bonds act as a financial pledge guaranteeing the defendant's appearance in court, even in a case of violent crime.

The good news is that you might be able to get a surety bond from a bail bond agent. A reputable bondsman completes steps to be licensed as a bail agent. Bondsmen are then able to front the money on the defendant's behalf.

They also work with licensed surety companies to borrow the money to post your bail. This way, you know you are working with a legitimate entity for posting bail.

Cost of a Surety Bond

You are probably now thinking: This sounds good and all, but I'm sure these bail bondsmen don't provide services for free, right? Most bail bond companies charge a percentage of the total bail amount. So, expect a premium around 10% to 15% of the full bail.

This fee is non-refundable, whether or not the defendant appears in court, even in drunk driving or reckless driving cases. Think of it this way, posting bail has a cost.

Suppose your bail is $25,000, then 10% of that amount is $2,500. That is what you need to pay the bondsman to guarantee the full bail amount on the defendant’s behalf. That means they're on the hook if you decide to make a run for it.

What is Bond in Court?

Breaking Down the Types of Bonds

There are several types of bonds that the court can allow for the defendant’s release. A judge determines which bond types are applicable to a defendant. Each of the types involves different steps and requirements.

Here's what you need to know about the types of bonds and how bail bonds work:

Bond Type	Description	Requirements
Cash Bond	The full bail amount must be paid in cash for release.	Payment of the full bail amount in cash.
Personal Recognizance (PR) Bond	Release based on a signed promise to appear in court.	Defendant's signature acts as the promise to appear.
Professional Surety Bond	A bond is posted through a licensed bondsman, which may require a co-signer or collateral.	Using a bondsman is critical and might have its own additional paperwork.
Property Bond	A bond is posted using the equity from real estate.	Unencumbered equity that is 1.5 times the bond amount.
Federal Bond	Bonds for those facing federal charges.	May require specialized bail bond agents with expertise in federal regulations.
Citation Bonds	Released from custody based on their promise to appear in court without needing to post bail.	Often granted for minor offenses, such as property crimes.
Signature Bonds	Signing a pledge to appear in court.	No bail money or collateral is required up front.

A cash bond requires paying the full bail amount to the court to secure release. This ensures that the defendant awaits trial outside of jail.

A PR bond lets you off without paying. This requires that you sign a written promise to show up in court. It’s as simple as giving your word and is based on the judge based on perceived risk.

A surety bond goes through a bondsman. The bail bondsman borrows the money to post your bail. The unencumbered equity has to be 1.5 times the amount of the Bond.

Understanding Bail Conditions

Besides the financial commitment, the court can set specific bond conditions for release. Bail conditions could severely limit your freedoms until trial.

You may need to adhere to a curfew. Perhaps you can't contact certain people. Maybe you are not allowed to leave the state. These bail conditions are set to make sure of public safety, and they make sure defendants return to court.

If a defendant violates these bond conditions, they could lose their bail privileges. Additionally, you will return to jail to await your trial. That's because this behavior communicates that you are not taking your criminal case seriously, especially with prior criminal activity.

How a Property Bond Works

So what exactly happens if you post a property bond? You are going to use real estate as collateral. First, know that the court will want equity worth 1.5 times your bond amount.

It’s also important to check with the court if they'll accept property bonds. This property has to be located in the same state as the court. The title must name the Clerk of Court as a beneficiary.

Consider a fictional person, Mary. She needs to post a $20,000 bond. To do so with a property bond, the equity in her home has to be at least $30,000 ($20,000 multiplied by 1.5). Mary must also pay recording fees.

According to §30-1-103 (1), C.R.S., there will be a fee amount for the deed of trust. A surcharge is required per document according to §30-10-421 (b), C.R.S. Once the bond is released by the court, you'll get a Release of Deed of Trust mailed to you. From there, you take that to the Public Trustee for the county where the property is located and have the lien released.

What About Animal Care?

In certain cases, a defendant might have animals. As such, they may have to pay for their care while incarcerated.

The purpose of this notice and payment is to provide for the cost of impoundment, care, and provision of identified animal(s) in the custody of the impound agency for a period of at least 30 days, including the day on which the animal was taken into custody, pursuant to §18-9-202.5, C.R.S.

Have Additional Questions About Bail Bonds?

If you have more questions on what is bond in court, these are the other services we provide:

Talk to a Bondsman: Call our telephone to discuss with one of our local bail bond agents about your eligibility for cash bail or any concerns or worries you may have.
Apply for a Bail Bond Online: You can also apply for a bail bond online to start the process if you prefer that and like keeping paper work saved and digital.
Find a Bail Bondsman Near You: Use our search tool to find a bail bondsman near you for assistance with your bail bond needs in your specific area for local professional help.

What does this all mean? How do you handle it all, and how does it relate to bail versus bond? Ultimately, it means the choice between bail and a bond hinges on your finances and the judge’s decision.

You may be in a better position by finding a bail bondsman near you. Make sure they have expertise in cases similar to yours, especially in child molestation or sex crimes. Using our search tool, you can find someone who knows how to work bail in your favor.

Weigh the cost and benefits carefully, along with all bail bond options. Each one comes with its own stipulations and impacts, especially when a defendant violates conditions.

This will help you to then choose the option best for you and will affect a criminal defendant awaiting trial. You may even have to required pay a bond posted if the alleged offense involves drug possession or additional crimes.

Contact one of our agents, use #, apply online for a bail bond. Our local, professional bondsmen agents can all help in cash bail or a bond. You and our licensed professionals are a perfect match.

Conclusion

The phrase, "what is bond in court" actually covers a whole system with nuances to grasp. Having this knowledge empowers defendants, friends, and family.

Having this understanding will allow everyone to make choices while having their rights and obligations clear. Remember, failing to appear for court dates has consequences.

Understand your situation before proceeding with a bail or bond. By learning more about your current situation, you will be better off in the end.

This will assist in making a thoughtful decision and plan as things move forward in the court case. With a personal bond, a court appearance is still mandatory.

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