If you're scheduled to appear in court, you're allowed to post bail and wait for the trial at home. Without bail, you'd have to remain in a jail cell until the trial begins.
However, legal situations can differ, with each entailing a different set of requirements. As such, different cases will command different types of bail bonds. Here are the main types of bail bonds applicable to criminal law and their definitive characteristics.
1. Surety Bond
Surety bonds apply if the accused person can't afford to pay off the full bond amount set by a presiding judge. In such a case, a bail bonds agent can appear in court and guarantee payment of the bond on behalf of the accused.
However, the defendant may have to pay a percentage (usually
10 percent) of the full amount for the bail bondsman to post bail. Keep in mind that this initial deposit may not be refundable. Also, you may have to sign over some
of your property to your bail bonds agency as security if you don't show up in court as per the agreement.
Thankfully, a reputable bail bonds agency can offer reasonable repayment plans that work for you.
2. Property Bonds
Property bonds can also work if you can't afford to pay the full bond amount upfront. However, you may not have to use a bail bond agent to post bail. Instead, you will sign over your property or home equity to the court as collateral. The court places a lien on the property you've signed over to exercise its right to repossess said property if you default on the bail terms.
But there are limitations to this option. First, a property bond may take more time to process compared to cash bail. Second, the extensive work that goes into property valuation requires that the property be worth
at least
twice
the set bail amount. You may not even know if property bonds will work for you until you know how much bail the court has set.
3. Own Recognizance Bonds
Under this bond type, the accused person doesn't make any bail payment. All they have to do is make a signed declaration that they'll show up in court on the appointed dates. Oftentimes, the defendant is free to go after arraignment.
However, personal recognizance bonds are only applicable to misdemeanor offenses. The presiding judge will likely consider the following factors before allowing a personal recognizance release:
- Past criminal record
- Employment status
- Family support
- Community reputation
The defendant may have to adhere to the bail conditions even after release to avoid getting into more trouble. They may have to check in constantly with a court-appointed probation officer and avoid drugs and alcohol while still
keeping to the hearing schedules.
4. Immigration Bonds
Immigration bonds are an exclusive option for non-citizens of the United States. However, immigration rules are quite strict and complicated due to the sensitive nature of international law.
The accused party also needs to meet specific requirements to be eligible for an immigration bond. If you or a loved one are taken into custody by Immigration and Customs Enforcement (ICE), you may need to contact a reputable bail bonds agency for help.
Luckily, an immigration bond works in a similar way to surety bonds. You may need to pay a premium to your bail bonds agency if you cannot afford the bail amount upfront. The bail bondsman then clears the remainder so you
can be released from custody.
However, the defendant has to be present for any future immigration hearings. They should also report to ICE upon request.
If you need help with paying bail, feel free to contact us at
Bail Busters
today.