Different Types of Bail: How They Work in the Criminal Justice System

Drag to rearrange sections
Rich Text Content

There are a lot of types of bail bonds near me available that a court can order in a criminal case. Among them, which type of bail will be ordered will vary depending on the severity of the committed crime, the defendant's criminal history, and whether the defendant is considered a flight risk. The four most familiar types of them are known as cash bail, property bail, surety bail, and release on recognizance.

4 Types of Bail Bonds | Michael L. Brown Attorney At Law

The different types of bail:

  • The most common type of bail that you can find is cash bail. The court will set a specific amount of money that the defendant must pay in order to be released from custody. If the defendant does not have the money to pay, they will remain in jail until their trial.
  • Surety bail is similar to cash bail, but instead of paying the court directly, the defendant must post a bond through a bail bondsman. The bondsman will usually charge a non-refundable fee and will require collateral before posting the bond.
  • Property bail involves pledging real property (such as a house or piece of land) as security for the bond. The court will place a lien on the property and if the defendant fails to appear for their court date, they may lose the property.
  • Release on recognizance is when the court releases the defendant from custody without requiring any money or collateral. The court will only do this if they believe that the defendant is not a flight risk and will show up for their court date.

What collateral is typically required for a bail bond:

In order to post bail, bail bonds Akron must be purchased from a licensed bail bond agent. The premium for the bond is typically ten percent of the total bail amount, and the collateral is what secures the bond. The most common type of collateral is cash, but other assets may be accepted as well, such as jewelry, property, or even stocks and bonds.

If the full bail amount is not paid, the court may order the seizure of the collateral in order to cover the balance. For this reason, it is important to only use collateral that you are willing to lose if you are unable to make your court appearances.

How bail is set:

  • A defendant's bail is typically set at his or her first court appearance, which is usually within a day or two of the person's arrest.
  • The amount of bail is meant to ensure that the defendant will return for future court appearances, and it is often set based on the severity of the crime and the defendant's prior criminal history.
  • In some cases, a defendant may be released on his or her own recognizance, meaning that no bail is required.

Parting note:

If the defendant is considered to be a flight risk or if the crime is serious, bail may be set at a high amount. If the defendant is unable to pay the bail, he or she may be held in jail until the case goes to trial. So, if you are ever in the position of having to bail someone out of jail, make sure you understand the process and the different types of bail that are available.

 

rich_text    
Drag to rearrange sections
Rich Text Content
rich_text    

Page Comments