Bail Bonds
Defendants can choose from several different types of bonds to secure their release from jail. The type of bond will vary depending on the crime and the severity of it, and the amount the defendant must pay to get out of jail is determined by the court.
Cash bail bonds are the most common type of bond. They are paid in cash to the court, and if the defendant fails to appear for their required court dates, they will forfeit the money they put down. This is the main reason why it is important for the defendant to keep up with all their court appearances if they are out on bail.
A personal bond (also known as a signature bond) is another option that does not require any money to be paid. This is a good alternative for those who have strong community ties and a clean record, and the judge believes they will not be a flight risk or a danger to public safety. Property bonds are used in situations where the court requires a large amount of money to be posted as bond, and there is not enough money available on the defendant’s account.
Types of Bail Bonds
With a property bond, the bail bondsman will take ownership of the defendant’s property and place it as collateral with the court, with the property being held as security for the debt. If the defendant fails to appear for court dates, a warrant will be issued for their arrest and the property will be confiscated by the court. Property bonds can take weeks to resolve, as the court must complete an extensive amount of paperwork and inspections before it will accept the property as collateral.
Immigration bonds are similar to surety bonds, but they are set for people who are being detained pending an immigration and naturalization hearing. There are three types of immigration bonds: a delivery bond, a public safety bond, and a voluntary departure bond. These are usually much faster to resolve than regular surety bonds, as the bond is not backed by an insurance company but by a person who is willing to serve as surety for their client, and charge a fee for doing so.
In order for a bond to be approved by the courts, it must have an indemnitor, who is typically a family member or friend of the defendant. The indemnitor signs the contract with the bail bondsman, agreeing to pay the full bail amount if the defendant fails to fulfill the terms of their probation and does not return to court as required. The indemnitor will also pledge their own assets as collateral for the bond, and if the bail is forfeited by the court, the indemnitor must return the underlying asset within 45 days. This is why it is so important for the defendant to stay in touch with their attorney and comply with all of their court obligations. If they do, their bail will eventually be exonerated.