Wichita Bail Bonds Blog

What’s The Difference Between Bail And Bond?

What's the difference between bail and bond?

Though often used interchangeably, bail and bond are not the same thing. Both deal with the release of someone from jail before trial, but the key difference lies in how the money is handled and who provides it. Bail is the amount of money set by the court. A bond is a method used to pay that bail, especially when the person cannot afford to pay the full amount up front.

What Is Bail?

Bail is the total amount of money the court requires as a guarantee that the defendant will return for future court dates. It is set by a judge based on factors like the severity of the charges, criminal history, flight risk, and community ties. Bail can be paid in full by the defendant or someone on their behalf.

  • Example – If bail is set at $25,000 and the full amount is paid to the court, the defendant is released from jail
  • The money is returned after the case ends, as long as the defendant attends all hearings
  • If the defendant misses court, the money may be forfeited

What Is a Bond?

A bond is a way to pay the bail if the defendant cannot afford the full amount. It is typically handled by a bail bond company, which acts as a surety. Instead of paying the full bail, the defendant or a co-signer pays the bondsman a non-refundable fee, usually 10 to 15 percent of the total bail.

  • Example – If bail is $25,000, a bondsman may accept $2,500 as a fee and post the rest with the court
  • This fee is non-refundable, even if the defendant follows all court rules
  • The bond company may require collateral in case the defendant skips court

Types of Bonds

There are several types of bonds…

  • Surety bond – Paid through a bail bondsman
  • Cash bond – Paid directly to the court in full by the defendant or co-signer
  • Property bond – Uses property as collateral to secure release
  • PR bond – Also known as personal recognizance, no money is required, just a promise to appear

Key Differences

  • Bail is the amount of money set by the court
  • Bond is the method used to pay the bail
  • Bail can be paid in full directly, bond usually involves a third-party surety
  • Bail may be refunded, bond fees are not

Bail is the price the court sets for release, while bond is how that price is paid. If you can afford bail, you pay it directly and may get it back later. If not, you use a bond service and pay a fee to secure release. Knowing the difference helps you understand your options when dealing with an arrest and preparing for court.

Pinterest
LinkedIn
Previous Post

Do You Get Bond Money Back?

Next Post

What Does A $100,000 Cash Only Bond Mean?