Bail or Bond? Clarifying the Confusion in Criminal Procedure

Abstract

This article discusses the main differences between the concept of bail vs bond that are two legal terms that are used interchangeably but do not serve the same purposes within the criminal justice system. the bail is the money or property the court puts to make certain that a defendant will appear at future hearings, whereas a bond is a guarantee of money, usually arranged by a bail bond agent, that the defendant satisfies the payment of bail when the defendant cannot do so at the time of his release. The article presents the process of determining the bail amount, such as the use of bail schedules, judicial discretion, the offense seriousness, criminal record, flight risk, and community safety. It also looks into the most prevalent types of bail and bonds, rules of refundability, cost and dangers of defendants and co-signers. Special care is paid to the effect of default of attendance in court, e.g. forfeiture, arrest warrants, and possible bail bond recoveries. Lastly, the article discusses the options to the conventional bail system including release on recognizance, supervised release and electronic monitoring as well as the most common myths, and frequently asked questions. By explaining such concepts, the readers are equipped to make better judgments, preserve the legal rights, and avoid the financial traps in the pretrial process.