One of the rights afforded to Americans is the ability to post bail after being charged with a crime. The process of posting bail can be a tricky one, especially if you do not know what type of bail you have been assigned. Before you lose hope, consider these five common types of bonds.
1. Released on Own Recognizance
When one is released on their own recognizance, they may not necessarily be required to actually pay money. Instead, they simply promise to attend all court proceedings as well as to avoid illegal activities in the interim. Unsecured bail is similar; however, unsecured bail requires that the defendant pay a fee if he or she breaches the bail’s terms.
2. Percentage Bail
This is a common type of bail in which the defendant deposits a small percentage of the bail amount upon leaving. The percentage is usually about 10%.
3. Surety Bond
This type of bail ensures that a third party is responsible for the defendant’s debt. These are the bonds you are likely to get from a bail bondsman. The agent receives 10% of the amount of bail up front, and they keep the funds whether or not the defendant comes to court. Some states, including Oregon and Kentucky, do not allow surety bail bondsmen. In these cases, bail is paid to and returned from the court without any violations of bail.
4. Property Bond
This type of bond requires the defendant to put up property equaling at least half the amount of bail. If the individual fails to appear in court, he or she may experience foreclosure.
5. Cash Bond
A cash bond requires the defendant to pay the entire amount of bail in cash. This money is returned to the defendant at the conclusion of the case. This is the option chosen if the judge believes that the defendant poses a significant flight risk. If the defendant fails to show up for court, the judge will issue a bench warrant and the defendant will forfeit the cash.
Some judges will issue combination bonds that allow the defendant to use several different methods of putting up bond. Additionally, some judges will put certain limitations on bail, sometimes in the form of protective orders and other conditions of release. No matter the case, understanding the way bail bonds work in the United States can help you move forward with a plan. Contact a bail bond company, like All-Mobile Bail Bonds, for more info.