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Types of Bonds

Types of bonds

The bail process seems easy to understand, however it does have its share of complications. The best way to prevent these complications and clear any misunderstandings is by understanding the 7 different types of bail bonds, and how they are obtained.

 

This wealth of information may prove integral in helping someone near and dear get out of jail and back to normal life. It’s because these types of bail can be tailored to fit both the charges being faced and the accused financial situation.

There are altogether 7 types of bail bonds, where some are used more frequently than others. However, all of them eventually require that the accused shows up for their court appearance, and keeps in contact with the judge throughout the case.

 

This is because it’s the judge who determines the right bail to implement at the bail hearing. Skipping or jumping bail is a severe offense with dire consequences.

Immigration bond

Immigration bonds are used to release non-citizens or non-residents in the USA who have been held by the federal Immigration and Customs Enforcement department (ICE).

 

This is like a surety bond because you have to pay the bond agent a premium amount who then arranges for the remaining money to help ensure the release of the accused.

 

As usual, the accused has to attend all immigration hearings after their release and report to ICE. The bond will be forfeited, and a warrant issued for their arrest if the accused misses hearings or doesn’t report for deportation.

SURETY BOND

The surety or bail bond is usually used when the accused cannot afford the bail set by the officiating judge but wants to get back to normal life. This is when their friend or relative contacts a bail agent or bondsman, who usually works at a surety company, similar to an insurance company.

 

The agents appear in court with the accused, promising to pay the full amount if the accused doesn’t appear in court. The bondsman charges the defendant’s friend or family a premium amount of about 10% the bail amount, and may even hold some asset as collateral.

 

Now if the accused doesn’t appear n court, or the relative doesn’t pay the bondsman, then they may have bounty hunters tracking them down. These bounty hunters take a percentage of the bond amount for returning the accused to the authorities.

 

However, if you or your loved ones are genuine, and don’t have the cash in hand, most bondsmen like Josh Herman offer flexible payment terms.

PROPERTY BOND

This is a bond where a person’s possessions used as collateral to ensure bail payment. It’s not accepted in all states but is occasionally used in California. Full property rights are used as collateral and while various property types can be used like car, house or property, real estate is the most common.

 

The court places a lien or claim on the property. If the accused skips court, then the court has the authority to possess the property and force the accused to forfeit ownership of the property to cover the bail costs.

 

This is why the property bond should be used as a last resort. The loss of a home, vehicle or property can lead to eventual financial misery. Besides, property bonds are not available overnight.

 

They take time, sometimes weeks to acquire, which is a long time when compared to surety bonds that are obtained in an hour. There is a reason for the dely. The property value has to be first assessed, and then a court hearing is scheduled to ensure everything has been agreed upon.

Federal bail bonds

Federal bail bonds come into effect when a federal crime takes place. They work like property bonds, where the court is the mediator for the transaction and not a bail bondsman. Cash or property is used to get this bail bond.

 

Don’t worry if you have ended up even more confused after reading all about the different types of bonds. We at Josh Herman bail bonds are here to guide and help you out of your predicament.

 

We have the experience and know how to help you select the right bail to get you or your loved one out of custody as soon as possible.

Cash bond

A cash bond or bail is bail which the accused has to pay in cash. However, there are some courts and corrections departments that may accept credit cards and cashier’s checks. Make sure you find out before opting for bail.

 

There are some cases that can be paid only in cash. They are usually the severe cases where bail can’t be denied but the arrestee is a flight risk and dangerous. The judge usually sets a high amount as a cash bond, to ensure the accused stays in jail through the trial.

 

The accused who don’t appear in court on the specified dates end up with a forfeited bail and a warrant is issued for their arrest. However if the accused appears all hearings and court, then the bail amount is returned after sentencing.

Personal Recognizance

Sometimes the judge may release someone on personal recognizance or recognizance release. This is where the accused is alone responsible for attending court appearances, and nothing is paid to courts as bail.

 

The accused may get remanded into custody till the trial is completed, and even end up sentenced if they don’t appear in court on the specified dates. This is not a bail option for high-risk cases. In fact, the bail is not granted for people who are considered a risk or danger to others.

 

However, this is an easy bail option because no money is involved. The accused just has to make a promise to appear at court and keep it. The accused is released upon signing the paperwork and while no money is charged for release, there is a fine to pay for not appearing in court.

Release on Citation

Release on Citation or Cite out is a citation the arresting officer issues to the accused for minor law violations, including traffic violations. It’s like a court summons issued where the accused may end up in legal problems if they do not attend court on the specified date.

 

In fact, a warrant may be issued for the arrestee, who may also face jail time. They may also end up losing their unemployment benefits, tax refunds, and drivers’ license.

 

This is why the property bond should be used as a last resort. The loss of a home, vehicle or property can lead to eventual financial misery. Besides, property bonds are not available overnight.

 

However, this is actually the best bail bond option available because the accused doesn’t actually end up in custody. In fact, the arresting officer doesn’t take the suspect to the station. He/she just issues the citation with the date the suspect has to appear before a judge.

 

In short, arrestees don’t actually apply, or fight for a citation release. It’s the arresting officer who issues it, and it’s when he/she feels that the suspect should be taken into custody that the suspect tries for another bail bond.