Contrary to popular belief, the justice system has no desire to keep most defendants locked away in jail until their trial date. Keeping a defendant in detention until their trial contributes to overcrowding and costs significant taxpayer money. Additionally, keeping someone in jail while they await a trial makes it more challenging for them to prepare their defense. Hence, getting defendants out of the cell is in everyone’s best interest in most cases.
However, the justice system must also ensure that a defendant returns to appear before a court to adjudicate their case. To that end, in the United States, a bail system is in place to allow defendants to continue their lives and prepare for their trials but still provide some insurance against the possibility of them fleeing the jurisdiction and escaping justice.
While the terms “bail out” and “bond out” are often used interchangeably to describe the ways in which a defendant can be released from detention until their trial date, they actually describe two different processes.
Bail: Securing a Release Without Assistance
After most arrests, a bail amount is set by a judge or according to a pre-set “bail schedule” that provides law enforcement, detention officers, and prosecutors with a prescribed list of offenses and the appropriate bail amounts for each.
The amount of bail required will vary based on several factors, including the severity of the crime, the likelihood of the defendant fleeing or committing another offense, the defendant’s ties to and standing in the community, and others. The judge may deny bail completely in particular heinous crimes or when the defendant is a threat to others or a particular flight risk. In those cases, the defendant has no choice but to remain in jail until their trial.
In most cases, though, a bail amount will be set, either immediately after the defendant is booked into jail or at their initial court appearance, which usually happens within 48 hours of the arrest.
If the defendant can raise the full bail amount in cash and presents the payment to the court, they will be released and can go about their lives until their court date. Regardless of how their case turns out, if the defendant appears in court for every scheduled court date, the bail money will be refunded to them after the conclusion of the trial.
If the defendant flees or otherwise misses their court appearances after bailing out of jail, they will immediately forfeit the total bail amount. A bench warrant will be issued for their arrest, and, depending on the severity of the offense, bail enforcement officers and agents may be assigned to track down the defendant and return them to jail.
If a defendant “skips bail” and bail enforcement officers are required, the defendant will also be responsible for reimbursing any expenses incurred by bail enforcement.
Bond: Securing a Release Through a Third Party
If the defendant cannot secure the funds to obtain a direct release through a bail payment, they can enlist the services of a bail bondsman. In exchange for a service fee (usually around 15% of the total bail amount), the bondsman will pay the defendant’s bail. The service fee is non-refundable and will not be returned after the trial.
Unlike in a privately secured bail situation, when a bondsman becomes involved, there are a few more steps to securing a defendant’s release.
First, the bondsman must agree to write the bond for the defendant. If there is sufficient evidence that the defendant is a flight risk or could otherwise cause the bail to be forfeited, they may refuse to provide service.
Second, the bondsman will require a co-signer, also known as an idemnitor. The co-signer is responsible for signing the bond contract and paying the bonding fee. Additionally, the co-signer will be responsible for paying the full bail amount to the bondsman should the defendant fail to return for their court dates. In some cases, the bondsman may also require collateral to secure the bond; in those cases, it’s up to the co-signer to produce the necessary collateral.
Finally, if the defendant does miss a court appearance, the bondsman may, depending on the amount involved, dispatch a bail enforcement agent to help track down and return the defendant to jail. If that happens, the co-signer is also responsible for reimbursing any expenses incurred by the bail enforcement agent.
Bond vs. Bail: In Summary
Whether a defendant chooses to secure their release via a bail payment or contracts with a bail bondsman to make their bail payment, they are ultimately responsible for ensuring they make all subsequent court appearances.
| Bail
· Large initial expense · All funds will be returned if the defendant makes all court dates · Does not require a third party’s involvement |
Bond
· Smaller initial expense · The bonding fee and any other jail fees are not refundable · Requires a third-party co-signer to guarantee the bond. |
Arrested in Macon-Bibb County? Don’t Wait in Jail; Call All State Bonding: 478-745-1966
All State Bonding is located directly across the street from the Bibb County Jail in downtown Macon. We’re available 24/7, and all our bonding decisions are made on-site, so you never have to wait for an answer.