Difference Between Bail vs Bond
In dealing with crime, a person (or persons) in authority might decide to grant a detainee a temporary release based on some conditions that have to be met in compliance with the judicial process in place. According to experts, this temporary release could occur in two very similar forms.
In this post, we will cast more light on the difference between bond and bail. They are mostly used in the same context when it comes to arrest or imprisonment, but after a closer look, an observer will see how they are different from one another.
Definition of Bail
Bail is defined as written permission with legal credibility that grants a crime suspect a level of freedom for a certain amount of money while waiting for a judicial process to take place.
The written permission, more often than not, comes from a recognized court of law and is only applicable with the expectation that the suspect adheres to stated terms and conditions, which may include reporting to the court of law, police station, or any other location when it is required.
In comparing bail vs bond, one will realize that they are similar in the sense that they both have to do with paying a certain amount of money that is put up as security to ensure that a suspect shows up when required.
The difference lies in who makes the payment. Payment for the former is made by the defendant or a close relative, while for the latter, it is made by a bondsman for a fee, which is usually ten percent of the total amount.
Definition of Bond
Bond is defined as a legal agreement enabled by a third party who pledges to be accountable for the obligations and debt of a person who is under prosecution. This third party is usually from a recognized bail bond agency. The person under prosecution is expected to make a down payment of ten percent of the total bail money as well as guarantees before being released.
This option is usually most beneficial for a suspect who may not have any means of raising the total bail money. It is like a loan. Comparing bond vs bail shows that the subject could end up owing more money if he does not show up when it is expected of him. This is not the case with the latter, where every penny is paid upfront before the release is granted.
Usually, the money paid in both cases is to be paid back at the end of the trial once they have satisfied the court requirements. This is irrespective of whether or not the person is found guilty.
However, if the suspect does not meet court requirements like showing up where and when it is expected of him, then the money is forfeited.
Main Differences Between Bail vs Bond
The definitions of these terms answer the question, “What’s the difference between bail and bond?” However, there are other key factors that further summarize how these two are different. Below is a simple table showing those factors.
|Basis of Comparison
|Written permission with legal credibility that grants a crime suspect a level of freedom for a certain amount of money while waiting for a judicial process to take place
|A legal agreement facilitated by a third party who pledges to be accountable for the obligations and debt of an individual who is under prosecution
|The court or detention center
|Online or bondman’s office
|Amount to be paid
|The full amount
|Ten percent of the full amount
|Defendant may have to post collateral of about ten percent
|Yes, full amount to be paid if the defendant misses a court date
Difference Between Bail and Bond: Conclusion
In conclusion, the differences between these two are the amount to be paid, who makes the payment, and the extra payment or debt that may be required. They both serve to grant a suspect a level of freedom before a judicial process takes place.