Understanding 5 Different Types Of Bail Bonds
August 24, 2020When someone is arrested for a crime, they are taken to be booked and processed and then held in a jail cell. For a non-serious offense, they may be released shortly after being booked. For more serious crimes, suspects will have to wait up to 48 hours for a bail hearing, at which time the judge will set the bail amount. The money is held by the court as security until the defendant attends the scheduled trials. If they fail to appear in court, their bail money is kept by the court and not returned. Let’s look at the 5 different types of carver county bail bonds.
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Cash Bail
If the defendant is able to make the payment upfront, they may pay a cash bail bond. This is the most common option and some courts will also accept this payment by credit card or check. If the amount that was set by the judge is more than the accused is able to pay, they may need to consider other options.
Property Bond
A property bond is when real estate equity is used as collateral. This can be a good option for people who don’t have enough liquidity for cash bail. The court will usually put a lien on the property for up to double the bail amount. If the defendant does not attend their court date, the court can foreclose on the property.
Surety Bond
A surety bond is when a friend or relative goes to a bail bondsman and pays a 10% premium plus additional collateral to ensure the bond with the court. The premium is never refunded, but the collateral is given back after the defendant shows up for their court dates. The bail agent and the person who pays the bail agent are both liable for the suspect if they fail to appear in court. The bondsman would have to pay the entire bail amount and the friend or relative would lose their collateral. This is the type of bond that is often depicted in TV shows about bounty hunters that go after people who have missed their court dates and have therefore skipped bail.
Personal Recognizance
This is when a suspect is released by the judge and does not need to pay bail. The judge may have determined that the individual was trustworthy enough to appear for court dates, is not considered dangerous, or the charges were insignificant. It is unlikely that a judge will use this option for someone who does not meet these conditions.
Cite Out
A cite out is also called a “release on citation.” This is when the officer issues a citation to someone rather than taking them to jail. The citation compels the individual to show up for a specified court date. This type is the least formal and most ideal situation for the suspect but is mainly issued for non-serious offenses.
In certain cases, the judge may decide not to allow bail. This may happen if the suspect is considered a flight risk, if they pose a threat to the safety of themselves or others, if they are a repeat offender or if they are charged with a particularly serious crime.