When a person was convicted for an offense and lands in police custody, they could get out of jail by obtaining a bond or posting jail. The judge sometimes uses the seriousness of the offense to determine the amount of bail, the likelihood where the offender flees the jurisdiction before trial, and the possibility that the defendant will still commit additional crimes even after being released.
Typically a judge would have the right to set bail at any amount that is not objectively unrealistic or may deny bail altogether. According to the eighth amendment of the US constitution, excessive bail is highly prohibited. However, it does not state that courts are required to allow bail.
Most people believe that both “bond” and “bail” are similar to each other. There is, nevertheless, a thin line between them. Nevertheless, this write up is going to teach you about the main differences between “bail” and “bond.” Keep reading this article and get the best out of it!
Key Differences between Bond and bail
In an understandable term, bail implies ‘the release of the alleged person’ from detention. The court hands the offender to another person’s private care, ensuring that the court and the police force take the accused back, answering the charge when needed.
The court accepts the bail procedure. In this way, the convicted will be released from prison following the terms and deposit of the requisite amount. In other words, bail is an arrangement between the convicted party and the judicial authorities.
The person under arrest shall give an adequate statement to the court, i.e., he or she shall appear before the court until the case has been resolved. The charged individual shall also comply with the terms and conditions set out in the arrangement.
On the other hand, a bond is an official written document – signed between the third party pledge and the defendant to pay the amount if the convicted person failed to appear before the presiding judge at the time stipulated. Bond is a specialized procedure used to facilitate the discharge from police custody of the convicted suspect – facing prosecution before the judge.
In comparison, bail applies to the temporary release of the suspect’s pending trial by the judge that a certain sum of money is paid with the legal authority. This money is the security amount to guarantee the presence of the accused in court.
Furthermore, bonds indicate a security bond – which, in plain language, implies that the bond individual (which is a third party) will make a payment or be liable for answering to the court if the offender fails to appear before the court before the judge – as summoned.
Similarly, a family member, an acquaintance, a relative, or any other trustworthy individual shall pay the penalty of bail. Conversely, the bond consideration is paid by a bondman or attorney serving as a mediator or as a guarantee of an arrangement between the defendant and the judicial basis.
Moreover, there is a definite factor in the case of bail – you must know that this is set down by the court and not by any other entity participating in the proceedings. On the contrary, the bond’s availability lies on the reputation of the third party willing to accept the responsibility and liability of debt of the accused. By the conclusion of the proceedings, the defendant will be refunded the cost of bail. Here, the court considers whether or not the accused has met with the proceedings of the court.
On the other hand, when it comes to the bond, there is no refund. This payment is charged in the form of a fee to make use of the services. Another main distinction that you need to understand is that the amount of bail is comparatively smaller than the bond. The main explanation for this is that it does not require any interest payments.
In conclusion, sometimes, it can be not easy trying to sort things out yourself without a professional’s help. You might require the professional services of an Austin bail bonds to help get through the entire procedure without breaking your neck.