The Difference Between Bail And Bail Bonds

On June 14, 2010, in Attorney, by Sandra Ryder

Often people use the terms “bail” and “bail bonds” interchangeably. They are similar in that they are both related to the release of a criminal defendant from jail. However, they are far from interchangeable terms.

When someone is arrested, they may be eligible for bail. Bail is set during a bail hearing by a judge or justice of the peace. Bail is money paid to the court to secure a defendant’s release. Once bail is posted, the defendant is freed from jail but is still obligated to appear at all scheduled court appointments. If they fail to do so, the bail money may be kept by the court. Once the criminal proceedings are finished and regardless of outcome, if the defendant has appeared before the court as ordered the bail money will be returned. The bail money merely acts an incentive and collateral to ensure the accused appear as ordered by the court.

Sometimes a defendant is not able to or is simply unwilling to pay the entire bail amount to the court. In that case, they may hire a bail bondsman to post a bail bond for them. Bail bondsmen then assume the financial responsibility of paying the bail if the defendant does not appear as ordered. However, bail bondsmen do not post the entire bail amount to the court. They post a fraction of the bail amount as a bail bond. The bail bond is the bondsman’s promises to the court that if the defendant does not appear they will then pay the entire bail amount.

Bail serves two purposes. It gives a defendant time to properly execute their defense preparation, free from the limitations of jail. Most importantly, it enables innocent people from being held in jail while they go through the trial process.

The judicial system relies on bail as an important piece of the puzzle. As such, bail bondsmen are a vital element in ensuring the system works properly.

Learn more about Las Vegas bail bonds. Stop by Sandra Ryder’s site where you can find out all about what a Las Vegas bail bondsman can do for you.

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