There are several types of bail bonds, each serving different purposes depending on the legal requirements, the nature of the offense, and the financial situation of the defendant.
Here are the most common types of bail bonds…
Cash Bond
- Description – The defendant or someone on their behalf pays the full amount of the bail in cash to the court.
- Refund –Â The money is refunded at the end of the case if the defendant appears for all court dates and complies with the bail conditions.
Surety Bond
- Description –Â A bail bondsman posts bail on behalf of the defendant in exchange for a non-refundable fee (usually 10-15% of the bail amount).
- Guarantee –Â The bondsman guarantees the court that the defendant will appear. If the defendant fails to appear, the bondsman is responsible for the full bail amount.
Property Bond
- Description –Â The defendant or someone on their behalf uses real property (like a house) as collateral for the bail amount.
- Requirement –Â The court places a lien on the property, and if the defendant fails to appear, the court can foreclose on the property to recover the bail amount.
Release on Own Recognizance (OR/ROR)
- Description –Â The defendant is released without having to pay bail, based on their promise to return for all court appearances.
- Conditions –Â This is usually granted to defendants who are considered low-risk and have strong community ties.
Citation Release
- Description –Â The arresting officer issues a citation for the defendant to appear in court at a later date, without taking them into custody.
- Use –Â Typically used for minor offenses.
Federal Bond
- Description –Â Used in federal criminal cases and requires a higher standard of assurance, often involving a combination of cash, property, and/or surety.
- Conditions –Â Federal bonds may include stricter conditions compared to state bonds.
Immigration Bond
- Description –Â Used to secure the release of a defendant held by immigration authorities.
- Types –Â There are two main types: delivery bonds (ensuring the defendant appears for immigration hearings) and voluntary departure bonds (ensuring the defendant voluntarily leaves the country).
Unsecured or Signature Bond
- Description –Â The defendant is released based on a signed agreement to pay the bail amount if they fail to appear in court.
- No Upfront Payment –Â No money or property is required upfront, but the defendant is liable for the full amount if they do not comply with court conditions.
Personal Recognizance Bond with Conditions
- Description –Â Similar to an OR/ROR, but with additional conditions such as travel restrictions, regular check-ins, or substance abuse treatment.
- Enforcement – Conditions are enforced to ensure compliance and appearance in court.
The type of bail bond used depends on the specific circumstances of the case, including the severity of the offense, the defendant’s criminal history, the risk of flight, and financial considerations. Understanding the different types of bail bonds can help defendants and their families make informed decisions about securing release from custody while awaiting trial.