A bail bond is a kind of surety bond, which is used to secure the release of a criminal defendant who has been required to place bail. The placement of the bail bond allows the defendant to be released from custody, until such time when the case has come to a conclusion. If the defendant does not appear in court for the scheduled proceedings, the surety forfeits the bail (be it money or property) placed with the court. The bail is usually paid by a bail bonds agent or a company that provides such services.
There are many types of bail. The common ones include:
Recognizance: The term recognizance is generally used to describe an obligation of record, entered into before a body properly authorized, whereby the person bound agrees that he owes a personal debt to the government, which is subject to conditions that can eliminate the obligation to pay if that person does as outlined by the duly authorized body.
Recognizance is mostly a part bail proceedings in criminal trials. The defendant is spared from imprisonment, before the commencement of the trial, if he files a bail bond with the court. If the court sets no bail, the defendant is released on his own recognizance.
Surety: Surety is when a third party declares responsibility for the debt or obligations of the bailee. Often this service is furnished by a bail bondsman. The bail bondsman usually will receive 10% of the bail amount upfront and will retain that amount irrespective of the defendant’s appearance in court. Some courts, especially courts in jurisdictions that prohibit bail bondsmen, may opt to receive a particular amount of the total bail (usually 10%); this amount, however, is returned to the defendant if he does not violate the conditions of the bail set by the court.
Release on Conditions: Release on conditions is when instead of a monetary bail, conditions and limitations on liberty are imposed by a court to make sure that the defendant who is returning into society will appear in court and not commit further crimes. Some often-seen examples include: mandatory contact with the police, surrendering passports, being detained at home, electronic surveillance, drug testing, counseling, and the surrender of weapons.
Order of Protection: Orders of protection are usually part of a conditional release and require the defendant to refrain from criminal conduct against the victim in the criminal case, or fully avoid contact with the victim. If the order of protection is violated in any manner the defendant can automatically lose the bail and be subject to further fines and imprisonment.
Cash: This is where the court will require that the bail be posted in full and in cash directly to the court.
Combinations: Combination bails are when the court allows the defendant to post bail or bond (in cash), and then require further restrictions and condition, in order to protect the community from additional criminal activity, or to ensure the attendance of the defendant.