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Difference Between Bail and Bond

Difference Between Bail Vs Bond

Bail and bond are two of the most common legal terms that people often hear publicly, in the media or in other place even if they are not really into the whole legal system. Hence, it is very important to know their differences.

As a start, the confusion may set in between the meanings of a bail and a bond because there are many people who use these terms interchangeably when in fact it shouldn’t be the case. Basically, a bail is something monetary that a person pays in order for him to be released from jail, at least temporarily. On the contrary, a bond is any method or transaction done by the charged crime offender for him to raise enough bail money in the event that he lacks the funds to pay by himself.

Bail is the option given by the judge to a person responsible for a charge that is still pending trial (defendant). In most cases this monetary sanction is declared because the judge is confident enough that the defendant will still report for trial amidst being temporarily discharged from jail. In the event that the judge will fear or be doubtful otherwise, most especially in very serious and grave offenses, then he may opt to have the defendant stay in jail for a longer period of time without the possibility of posting any form of bail.

The bail, in cash, can still be returned to the defendant only after participating the entire course of the hearing. In this connection, whether or not he will win or lose the case, the defendant can still claim a bail refund. That’s why a bail is a form of secure payment. If he, however doesn’t report or attend the trials then the bail amount will automatically be forfeited to the court, not to mention being sanctioned by another offense (failure to report to court).

In the case of a bond, a bond agent (bondsmen) will answer the monetary obligation of the bail if the defendant will sign a contract of promise to participate in court proceedings, paying additional interests and of course paying the borrowed amount. Oftentimes, the bond agent requires a sort of collateral from the defendant so that the latter can borrow money for his temporary bail. At the end of the case trial, the money paid by the bond agent as bail for the defendant will obviously be returned to them (not to the defendant).

1. A bail is the cash paid by the defendant for his temporary release from jail while a bond is the amount paid by another party (bond agent) in the case that the defendant doesn’t have the resources to pay the bail at that time.
2. A bail is a more secure and cheaper payment transaction than bonds because it doesn’t involve any third parties, contracts, guarantees (collaterals) and additional interest fees.

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