What’s the difference between bail and bond?
Because the words are often used interchangeably when talking about jail, you may get confused about the difference between “bail” and “bond”. If you or a friend or family member have been taken into police custody and charged with an offense, you will need to either post the full amount of the bail set by the just or a percentage of it by paying a bond through a bail bonds agent. Bail is the amount a judge sets for release from jail as a way to secure the defendant’s promise to return to court. A bond, posted on the defendant’s behalf, is a percentage of bail paid to secure the release. It is normally posted by a bail bond agent.
You may wonder just how bail works. A judge or other court officer sets the bail after a person has been arrested, arraigned and jailed for an offense. The bail is set during a bail hearing after the defendant has been jailed. The bail amount is usually based on the type of offense and the defendant’s past criminal history, among other factors. Either the full amount of the bail or a percentage must be posted for release.
How do I release on my own recognizance?
Generally, you may be released from jail either by paying the full amount of the bail, by securing a personal bond or release on recognizance, or securing a bond amount from a bail bondsman. To get released on your own recognizance you sign a written promise to appear in court. Recognizance release will depend on the judge’s discretion but is usually determined by past criminal history, age and the likelihood another crime will be committed or the likelihood the defendant will return to court.
How does a personal bond work?
One way a person can be released from jail is through a personal bond. A personal bond is another term for a release on recognizance. Instead of paying money for bail or bonding out with a bail bondsman, the defendant signs a written agreement promising the court the defendant will appear in court for all scheduled court appearances. Usually a personal bond is granted only when the defendant has no prior criminal record and has strong ties to the community. The severity of the crime is also taken into consideration, as well as the potential for the defendant as a flight risk or to commit another crime. Failure to appear in court after release on a personal bond will result in the court issuing a warrant for your arrest and a fee assessed.
Can you bail yourself out of jail?
It is possible to bail yourself out of jail. In order to do so, you must have the full amount of bail available in cash on hand.
How does a jail bond work?
In most cases, to secure release from jail after bail has been set requires the services of a bail bondsman and payment through a bail bond or surety bond. In this case, usually a friend or family member has to contact the bail bondsman and pay a fee, usually about 10% to 15% of the bail amount, and the bondsman then acts as a surety for the defendant to secure the defendant’s release. Some type of collateral is usually put up by the family members as security against the bond.
Personal bond for court
When you sign an agreement for release on a personal bond, you must appear in court when scheduled. The personal bond cannot be posted by the defendant. It can only be posted by pretrial services or by an attorney and has to be approved by a judge.
Personal bond and surety bond
With a personal bond no bail amount is set. Instead, written agreement is signed between the defendant and the court for the defendant to appear in court on a scheduled date. A surety bond is a percentage of the bail paid by a bail bondsman who ensures the court the defendant will appear in court for all scheduled court appearances.
Personal bond and bail
With a personal bond, no bail amount is set. The defendant, however, will be required to pay administrative fees, usually within 7 days of release.
Personal bond example
A person can be released on a personal bond for almost any offense, depending on the severity of the offense.
Some examples include:
- Domestic Assault: As with any personal bond, past criminal history will help in determining if you can be released on your own recognizance. This will require you to provide personal references and references from employers or other entities.
- Drug Possession: Depending on the amount of drugs or types of drugs (a small amount of marijuana, for instance) found in possession and your criminal history, you may get personal bond.
- Failure to Identify Fugitive: This misdemeanor offense might allow for a personal bond.
If you are unable to get a personal bond in Roseville, CA and need help getting out of jail make sure to call the reliable professionals at Cut Loose Bail Bonds. We are here to help you, so call us at 916-663-2245.