Wichita Bail Bonds Blog

The terms “bond” and “bail” are closely related, but they are not the same. Both are used in the criminal justice system to allow a person accused of a crime to remain free while waiting for court proceedings. Yet, they refer to different aspects of the pretrial release process. Knowing the difference between the two can help clarify how someone gets out of jail before trial.

What Is Bail?

Bail is the amount of money a court sets as a condition for releasing someone from jail after an arrest. It serves as a financial guarantee that the defendant will appear for all required court dates. If the person shows up as ordered, the bail is refunded at the end of the case, regardless of the outcome. If they fail to appear, the money can be forfeited.

• Bail is the total amount required for release
• Set by a judge, based on the crime and flight risk
• Can be paid in full by the defendant or someone on their behalf

What Is a Bond?

A bond is one way to pay bail, especially when the full amount is too expensive. If someone can’t afford bail, they may use a bail bond service. A bondsman pays the full bail in exchange for a non-refundable fee, usually about 10% of the total bail amount. The bondsman then becomes responsible for making sure the defendant appears in court.

• A bond is a payment arrangement handled by a third party
• Involves a non-refundable service fee
• May require collateral (property, vehicle, etc.)

Key Differences Between Bail and Bond

While both terms relate to pretrial release, here are the major differences…

• Bail is the amount of money set by the court for release
• Bond is how bail is paid, often through a bail bondsman
• Bail can be paid in full by the defendant, but a bond is a third-party guarantee with a fee

In short, bail is the condition set by the court, and bond is a method of meeting that condition when personal funds are not available.

Bail and bond are connected but not identical. Bail is the court’s requirement for release, while a bond is a financial tool used to meet that requirement. If you or someone you know is arrested and cannot afford bail, using a bail bond company can make release possible, though it comes at a cost. Understanding both terms helps in making informed decisions during the legal process.