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The Difference Between Bond and Bail You Need to Know


When someone is arrested, a bail order will be set by a judge and it is an amount of money or property that must be paid or pledged to the court before the arrested person could have been released from the custody of the police. The amount of bail depends on the crime committed and defenders have the options of paying in cash or posting a bond which is done through a bail bond company. However, in some states like Wisconsin, Oregon, Kentucky and Illinois, bonds are not allowed and defenders can only post bail.

Even though both of them will achieve the same result, paying bail and posting bond are not the same. Bail is the cash that a defensive pays before he can be released from police custody. Not knowing the amount, when a deficit pays cash, it is considered as a bail bond. He can also post a property bond where the title to his property will be used and if he fails to appear in court, the property will be forfeited. He can also make use of a company to post a surety bond and if he fails to appear in court, the company will pay the full amount to the court.

In a situation where the bail order is high, it is better for the deficit to make use of a company instead of paying the bail itself. The company posts it under blanket bond which is a type of insurance that covers the amount for the company if the defensive violates the order. When the amount is too high to be practical for a defendant to pay, it is advisable to consult a reputable company instead of trying to pay the full amount.

Once a defensive posts bond through the courts, he is legally responsible for himself. If he fails to appear in court as required, his bond will be revoked and a warrant for his arrest will be issued. Usually, the courts do not send bounty hunters after bond violators but the company does and the deficit will pay for the cost of hunting and capturing him when he is found.

Moreover, some companies require property as a condition for posting a bond in addition to the premium, which is a percentage of the bail order amount. The amount of cash paid to the court will be released at the expiration of the trial but the premium paid to the company is not refundable.


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