Bail - Bail is an amount of money set by the court. Bail must be paid before a defendant can be released from jail to await trial.
Appearance Bond
- An appearance bond is a type of bail given by the defendant in a criminal case as a guarantee that the defendant will appear in court when scheduled.
Signature Bond
- A signature bond is a written promise by the defendant to appear in court. This is only acceptable for some low risk offenders.
Surety Bond
- A surety bond is an agreement between at least three parties. An obligee, a principal and a surety. The surety guarantees that the principal will fulfill the obligation. If the principal does not fulfill the obligation, the surety is then responsible for paying the obligee.
Collateral
- Property used to guarantee the fulfillment of an obligation. If the obligation is not fulfilled by the guarantor, then the collateral can be collected as payment.
Failure to Appear
- An additional criminal charge can be imposed by a judge when a defendant does not show up for a scheduled court date.
Misdemeanor Bond
- Most misdemeanor charges do not typically require jail or bonds, however in certain situations, such as second or third strike offences, the charge can become quite serious, requiring a bond to secure the accused's freedom before a trial.
Felony Bond - In the case of a felony charge, the judge will hold a hearing to decide whether the accused can be released on bail or must remain in jail until the trial. If bail is set, the accused can hire a bail bondsman to cover bail with a bond for a fee.
Indemnitor - An individual or company who agrees to co-sign for the bail bond. Said individual will have to pay the bond amount if the defendant misses his/her hearing.
Bond Forfeiture- This applies when the defendant misses his/her court date. The bond company will be notified and the courts may issue a warrant or hire a recovery agent (i.e. bounty hunter) to track the defendant.
Defendant- The individual accused of the crime.
Premium Payments- A premium is the amount needed to post a bail bond and is typically 10 percent of the full bond amount. For example, if a defendant’s bail is set at $1,000, the bail bond can be purchased for $100.
Bail Conditions- The defendant may be released upon specific conditions including refraining from communication with witnesses or staying under house arrest. If said bail bond conditions are broken, the defendant may be taken into custody again.
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