During a bail hearing, judges set an amount of money an accused person must pay to get out of jail before their case goes to trial. Bail is meant to ensure arrested people return for their court dates. Several different types of bonds are used to secure pre-trial release. The following are the most common:
Surety Bonds
A surety bond is a legal contract between three parties:
- The principal who needs the bond.
- The obligee who requires it.
- The insurance company that sells it.
The principal promises to conduct business by the bond terms; if they do not, the obligee can claim the bond. According to professionals in bail bonds Allentown, PA, other surety bonds include license and permit bonds, which cover compliance with local, state, or federal licensing and permit requirements. Other commercial surety bonds, such as fidelity bonds, protect companies and their customers from financial losses caused by dishonest or fraudulent employee activities.
Immigration bonds differ from other surety bond types and are set for detained people awaiting an immigration hearing or a court date. These are typically more complex and expensive than other surety bonds.
Cash Bonds
Cash bonds are secured with payments made directly to the court in exchange for a defendant’s release from jail while their cases are pending. The money is returned if they make all of their required court appearances.
On the other hand, if they fail to attend a scheduled hearing or otherwise violate their release conditions, the court can forfeit the cash to the government.
If a defendant does not have the funds to post their bail, they can ask for a citation release or a surety bond. A citation release does not require bail payment; the defendant must promise to follow the court’s release conditions. A surety bond, however, involves paying a fee to a bail bondsman for their services.
Citation Releases
Cash bonds are exactly what they sound like; they require that the defendant pays the full amount of the court-set bail with hard cash. If you can pay for this bond, your cash will be returned once you’ve attended all court dates and the case has been closed.
The most desirable type of bond is a release on your recognizance or personal bond. This option is reserved for small-time offenders who don’t pose a significant flight risk or danger to the community and who have clean records. It is up to the arresting officer to issue this bond at their discretion. A release on your recognizance is the cheapest type of bond, though fines will be levied if you miss any of your court dates.
Recognizance Releases
A release on your recognizance bond, also known as a “cite out,” allows defendants to be freed without paying a bail amount if they promise to appear at all future court dates. This is usually reserved for offenders with strong community ties who are not considered flight risks.
A property bond requires that the defendant offer real estate or tangible property valued at least twice as high as the judge’s set bail amount. These bonds take longer to complete because they require notarized documents and appraisals. They are often used when the judge sets a very high amount, making it difficult for your average defendant to afford. This is often the case for violent crimes and felony charges.
Property Bonds
Suppose you can offer tangible property, such as real estate, as collateral for your release from jail; a property bond may be your best option. A property bond allows the court to secure a lien on your property and requires that you adhere to your upcoming court dates.
If, for any reason, you fail to appear at a scheduled court date, the court will have the right to sell your property and keep the proceeds from the sale. Afterward, the court will send you a notice of forfeiture and require you to pay any remaining balance owed on the bond.
