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Bail vs. Bond

Recognizing the Relationship Between Bail & Bond

If you were arrested, you probably want to avoid being in jail longer than you need to. Luckily, you have the opportunity to secure a release from police custody until your court date. Let’s be honest, waiting for trial in the comfort of your own home is a much better alternative than waiting in jail. But, it’s important to recognize that bail and bond are different things that lead to the same outcome: Securing temporary release from jail until your hearing.

Depending on how serious your alleged offense is, you may be granted or denied bail.

Bail is a secured cash payment needed to be paid in order to get released from jail until your trial. The 8th Amendment prohibits excessive bail, however, it is typically set high enough so you feel obligated and encouraged to show up to your court hearing, or you may risk losing that money. If you show up, you’ll get your bail money back after you’re acquitted or your case is dropped.

Since bail is expensive and you may not be able to pay it, you need a bail bond company.

Bail Bond Companies Post Bail on Your Behalf

A bond is the payment of bail, which is typically executed by a bail bond company. Hiring a third party to pay for your bail if you cannot afford it is a common and effective way to secure temporary release. Bail bond companies promise the court via a contract that you will show up for your hearing in exchange for a percentage of your posted bail.

For example, if a judge posts bail for $3,000 and you cannot pay it upfront in cash, you can pay a bail bond company a percentage of your bail (typically 10%) and in return, they will enter a legal agreement with the court promising that you will appear for your scheduled court date. The bail bond company is accountable for your actions, so if you fail to appear, bounty hunters will find you and attempt to bring you back to court.

If you’ve been arrested and need a trusted attorney to rely on, the Law Offices of Christopher J. Cherella is here for you. We are available 24/7 to provide experienced legal counsel and help guide you through your options during this uncertain time. Retain Attorney Cherella to champion your best interests and work towards a favorable outcome!