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Bond

You’ve probably seen the billboards and late-night ads for bonds, or bail bonds. You’ve also probably heard the concept of bail or bond on television. But what exactly is bond? And how is it different from bail?


What is Bail?


To understand what a bond is, we must first understand what bail is. 


If you’ve been charged with a crime, you will by default be kept in jail until your trial. This can take anywhere from a few weeks to a year or longer, which is understandably an unappealing prospect. So, at your first appearance in court (usually within 24 to 48 hours of being arrested), the presiding judge will either set your bail or choose to release you on your own recognizance. 


Releasing you on your own recognizance means they’re going to let you go home, on the condition that you agree not to flee before your trial. They may also list other conditions, like wearing an ankle monitor or regularly checking in with a law enforcement officer. 


If the judge does not release you on your own recognizance, they will instead set your bail – an amount that you can pay to be allowed to go home rather than wait in jail until your trial. You will (theoretically) get the full amount back after your trial, so this is used as an incentive for you to actually show up at your trial rather than fleeing. If you miss a hearing or other court appearance, you forfeit the entire bail amount, and will likely be held in jail until your trial. 


The amount your bail is set to will depend on the alleged crime, the circumstances of the case, and the judge’s discretion. It’s important to note that the judge may choose not to post any bail amount – usually in cases with severe crimes like capital offenses, or in cases with extremely dangerous defendants. 


If the crime in question is a lesser crime, such as common misdemeanors, you may qualify for a “schedule bond.” A schedule bond is simply a pre-set bail amount that you can pay without having to wait for a judge to determine a specific bail amount. As your first appearance before a judge may take a day or two, this can be a desirable option to avoid spending a couple nights in jail. 


So What Is Bond?


Once your bail has been set, you can either pay it immediately and go home, or go back to jail until either your bail has been paid or your trial occurs – whichever comes first. 


But for bail to work as an incentive, it has to be incentivising. That is, it has to be pretty high to encourage you to come back for it, rather than taking the loss and fleeing. Most people don’t have tens of thousands of dollars sitting around available to cover bail costs. In such cases, you can choose to post bond instead. 


Bond is, essentially, a loan from a third party. By paying this third party, called a bondsman, a certain fee (usually 10% of the bail amount), they agree to pay the court the full bail amount if you do not show at your trial. If you appear like you’re supposed to, the bondsman is not obligated to pay the full bail amount, and will keep the initial fee you paid as payment for their services. 


If you do not appear at your trial, or at any hearing or court appearance leading up to your trial, the bondsman will be liable for the full bail amount, and a warrant will be put out for your arrest.


Can Anyone Get a Bond?


If you’ve had a bail amount posted, you can most likely try to secure a bond instead. The only main exception to this rule is if you are being charged with a probation violation – in such cases, you will likely not be allowed to “bond out.” 


However, securing a bond isn’t as easy as just choosing one over posting bail. Bonds are a business, first and foremost, and most bondsmen have certain requirements or conditions for agreeing to post bond for you. 


Securing a Bond


If you choose to secure a bond, you’ll have to choose a bondsman to work with. As with any other service you buy, it’s important to shop around, read reviews, and consult with your lawyer before making a decision. 


The percentage of bail that you pay to the bondsman as their fee is predetermined by Florida law, depending on the crime committed. It’s important to know what this amount is, so you can spot anyone trying to swindle extra money. It’s also important to be on the lookout for so-called “hidden fees” and extraneous charges aside from the bond fee. A reputable bondsman will charge only the percentage dictated by the State, and no more. 


However, as with other businesses, bondsmen have the right to refuse service to anyone. If a bondsman believes you are a flight risk, they may refuse to post bond for you. Or, they may require additional collateral to ensure you do appear in court, in the form of a non-liquid asset. 


Non-liquid assets are objects of value that are not cash – your house, your car, fine jewelry, etc. You may be asked to hand over the deed to your property or the title of your car (not the car itself – you’ll still be able to keep that and drive it around) to the bondsman until you appear at court and the bail amount is returned to the bondsman, at which time they will return your non-liquid asset to you. 


Bond Requirements


Once you’ve found a bondsman who has agreed to post bond for you, it’s important to make sure you comply with any and all requirements they set. For example, some bondsmen may require you to check-in with them regularly, either in person or by phone, to ensure you’re still in the area and planning to show up for your trial. Or, they may ask for your lawyer’s contact information in order to check in with them. They may also require that you remain within the state until your trial. 


Kissimmee Criminal Defense Lawyers 


Getting arrested can be terrifying, especially if you’ve never been arrested before. At Hanlon Law, we’ll help demystify the process and walk with you every step of the way to the best possible outcome. With nearly two decades of experience, we’re here to advocate for you. Contact Hanlon Law in Kissimmee today to schedule a free consultation.

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