Bail Vs Bond - Difference And Comparison - Diffen

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Who pays?

Bail is the cash payment paid by the defendant himself or by someone on his behalf. It is the money that is put up as security, to assure that the defendant will appear for trial. A defendant can put up cash, which is not practical when the amount is large, or can go to a bondsman and obtain a bond. A bond is the bondsman’s pledge to make good on the bail if the defendant doesn’t appear before the court. Traditionally, the defendant pays the bondsman 10% of the value of the bond and puts up collateral security, such as real estate.

So it can be said that bond is the legal document provided by the authorized company guaranteeing that the defendant will appear in the court as per the schedule or the bonding company will have to pay the court.

This is a good video that discusses how bail bonds work:

Mode of payment

Bail amount is accepted in cash only, whereas bonds are usually posted by an approved bonding agent for a set fee (typically around 10% of the bond amount) and other guarantees or collateral.

Refund

Normally the bail money posted by the defendant as bail will be returned at the end of the trial to the defendant once they have satisfied all the court requirements, no matter whether the person is found guilty or not guilty of the crime accused, but can be forfeited if the defendant does not appear on the date assigned by the court or may be credited towards fines and fees due to the court. In contrast, money paid to the bonding agent is considered as part of fee and is never returned.

The Bail Bond Process

The process of bail bonds in the state of California The process of bail bonds in the state of California

References

  • Bail and Bail Bonds - Delaware State Courts

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