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What is the Difference Between Bail and Bond?

a young lawyer is sitting at her desk in the office ready to describe the difference between bail and bond.

The terms are often used interchangeably, but the difference between bail and bond is distinct.

Bail is the process by which an accused person gets out of jail following an arrest and before trial. Bail money is the court’s collateral to ensure the arrestee cooperates with court proceedings after release.

A judge sets the cost of bail on a case-by-case basis and relies on various factors, including:

  • Criminal record
  • Financial ability
  • Flight risk
  • Severity of charges

If an accused person does not have the money to pay their bail amount, a bail bond company – like Owens Bonding Co – can step in to post bail. The bond is the company’s agreement to pay the court on behalf of the accused person. 

Different Types of Bail and Bail Bonds

Different types of bail require different types of bonds. For example, “released by citation” is when an officer does not arrest an accused person but instead gives a citation with a court date that must be attended. That citation acts as the bond because failure to attend the court date results in a warrant for arrest and additional charges. 

The most common types of bail and bonds include cash, recognizance, and surety bonds.

Cash-Only Bonds

Cash-only bonds require payment of the total cost of bail upfront before the accused person can be released from jail. Due to the fact that the court requires this total upfront cash payment, bonding companies cannot assist with cash-only bonds. 

Learn more about cash-only bonds here.

Recognizance Release

Similar to a citation release, a recognizance release – or an appearance bond – allows an accused person to get out of jail pre-trial without a cash payment. The accused is still required to appear for court dates and participate in court proceedings or face fines and the potential of a revoked release.

Learn more about appearance bonds here.

Surety Bonds

Surety bonds are provided through the assistance of a bail bond agency, where the accused person pays a percentage of the bail amount to the bonding company, which then pays the rest of the amount to the court. Owens Bonding’s fees are just 10% of the total cost of bail. 

Learn more about surety bonds here.

Federal Bail Bonds

Most bonds issued in Federal court are Recognizance Releases (also known as Personal Recognizance or PR) or an accused person is held without bail. If a surety bond is assigned, Owens Bonding can help.

How Owens Bonding Can Help

With a bail bond from Owens Bonding, an accused person pays just 10% of the total cost of bail as a non-refundable fee to get out of jail. Owens Bonding promises the court to pay the total cost of the individual’s bail until the court proceedings are complete and bail money is returned.

To learn more about the types and differences between bail and bonds or to get yourself or a loved one out of jail fast, contact us at (866) 830-BOND (2663) or find an agent near you.