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How Do Bail & Bonds Work?

Blog 2017 October How Do Bail & Bonds Work?
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How Do Bail & Bonds Work?

Posted By Stepniak & Park || 11-Oct-2017

If you or a loved one has been arrested for a criminal offense, especially a serious crime, you will most likely need to secure a bail bond to be released from jail. Most people’s knowledge of bail stems from TV shows and feature films, as well as ads and commercials advertising bail bonds. If that is the case for you, and you’ve never dealt directly with needing to post bail before until now, then you need to brush up your bail bond knowledge.

What is a Bail?

Bail is an agreement that is made between the court and the defendant, in which the latter agrees to post a specific amount of money to ensure that they will return to their scheduled court date. When the defendant attend their scheduled court date, as has been stated in the agreement, they get their money back.

If a defendant cannot pay the amount of the bail, they will not be released from jail until the court date and trial. Since it can often take months for trials to start following the initial time of arrest, being unable to post bail can make life extremely difficult.

How do Bail Bonds Work?

A bail bond acts sort of like a personal loan. You put down a small percentage of the total amount, and a bondsman or bail agent provides you with the remainder of the money.

Most bail bond companies will require you to provide collateral for the remaining amount of money. Collateral is often in the form of a deed to a house, car, or item of jewelry, and is used to secure the bail bonds’ loan if the defendant fails to show up at their scheduled court date, and thus not receive his or her money back. When the trial ends, and the defendant receives the money back, this money is then returned to the bail bond company.

The following are common types of bail bonds available:

  • Cash bond – A defendant can post cash bail with the jail or facility to secure his or her release
  • Surety bond – A bond which is secured by an insurance company.
  • Property bond – Using property, such as a house, in place of putting down cash as collateral.
  • Release on your own recognizance – Own recognizance release is a no-cost bail where a defendant signs a form stating he or she promises to appear in court as required, instead of making a payment.
  • Citation release – Rather than being formally booked into a local detention facility immediately after arrest, the arresting officer may issue a written citation, also known as a “cite out.”

Due to the financial risk which the bondsman and a bail bond company take, they typically take a number of precautions to make sure that the defendant attends all of their court dates. For example, the bond company may prefer that a relative or friend put up the collateral for the bond since a defendant will be less likely to miss a court date if their relative or friend’s house is on the line for the bond.

If you have been arrested in Florida, request a free consultation with our Daytona Beach criminal defense attorneys at Law Offices of Robert Stepniak today.

Categories: Criminal Defense

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Toll Free: (877) 256-4750
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Satellite Office: Deland/Deltona

120 S. Woodland Blvd.
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Toll Free: (877) 256-4750
Local: (386) 734-7373
  • Main Office: Daytona Beach

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    Daytona Beach, FL 32114
    Toll Free: (877) 256-4750
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    120 S. Woodland Blvd.
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