Dog The Bounty Hunter is the extent to which most people come across bail and the bail bonds industry. So it is no secret why the average American can't tell the difference between a bail bond and bail. Often people use the terms "bail" and "bail bonds" interchangeably. However, they are far from interchangeable terms.
After arrest, a defendant may be eligible for bail. Bail is set during a bail hearing by a justice of the peace or judge. Bail is money paid to the court to secure a defendant's release. Once bail is posted, the defendant is freed from jail but is still obligated to appear at all scheduled court appointments. If they fail to do so, the bail money may be kept by the court. Once the criminal proceedings are finished and regardless of outcome, if the defendant has appeared before the court as ordered the bail money will be returned. The bail money merely acts an incentive and collateral to ensure the accused appear as ordered by the court.
In the event that a defendant is unable or unwilling to provide the full bail amount to the court, a bail bondsman may be used to post the bail on their behalf. However, bail bondsmen do not put forth the entire amount of bail. They post a bail bond to the court. Bail bonds are smaller amount of money that acts as a promise or surety bond. In the event the defendant does not appear, the bail bondsman may have to produce the full bail amount to the court.
Bail serves two purposes. It gives a defendant time to properly execute their defense preparation, free from the limitations of jail. Most importantly, it enables innocent people from being held in jail while they go through the trial process.
Bail is a very important aspect of the judicial system. Bail bondsmen play an integral role in the ensuring the system functions as it is designed to.
