Someone charged with a crime may be able to secure their release from jail by posting bail or obtaining a bond. Although these terms are often used interchangeably, they are not the same thing. Individuals facing criminal charges should understand the difference between bail vs. bond and how these differences may affect their case.
Bail refers to money deposited with the court to secure a defendant’s release while they await trial in a criminal case. It is a way of ensuring that the defendant will attend all scheduled court hearings and abide by the court’s conditions of release until the case is resolved.
When a defendant has appeared for all required court dates, the bail will be returned at the end of the case. A defendant who fails to appear forfeits the bail amount and may be subject to other punishments.
Bond is a contract between the court, the defendant, and a licensed bail agent. A defendant who cannot afford to post bail can work with a bond agent who pays the bail amount on the defendant’s behalf. In exchange for this service, the defendant pays a non-refundable premium (usually 10%, although it could be higher in more serious cases). If the defendant fails to appear at a scheduled court date, the bond company forfeits the entire bond amount and the defendant becomes personally liable to the bond company. The bond agent can seek payment from the defendant and is empowered to pursue a defendant who has fled the court’s jurisdiction.
In Connecticut, bail agents are regulated by the Connecticut Insurance Department and licensed by the state.
The key differences between bail vs. bond are who pays the money and what happens to it at the end of the case. When a defendant posts bail, the money goes directly to the court. As long as the defendant appears at all court dates, that money is returned to them, minus court fees, at the conclusion of the case. With bond, a bond agent pays the court, the defendant pays a non-refundable percentage of the total, and the bond agent gets their money back at the end of the case.
After a suspect has been arrested, the judge will hold a hearing to review the charges, confirm that the defendant understands their rights, and determine the conditions of release. When setting bail, the judge weighs various factors, including the likelihood the defendant will reoffend, the potential for witness intimidation, the defendant’s criminal history, their ties to the community, and whether they are a flight risk. In cases involving serious crimes like rape, murder, kidnapping, and drug trafficking, the judge will typically hear arguments from both sides before deciding whether bail is appropriate and at what amount.
A bail hearing typically results in one of three outcomes:
A defendant who cannot afford bail or the amount a bond agent requires must remain in custody for the duration of the case. Being held in custody can have serious consequences, including job loss, loss of housing, and an inability to meaningfully participate in one’s own defense.
A defendant who believes the bail amount has been set too high can request a bail reduction hearing. A skilled defense attorney can present evidence of the defendant’s ties to the community, their employment record, family responsibilities, and lack of prior failure to appear in an effort to persuade a judge to lower the bail amount.
Being charged with a crime is an unsettling experience. Getting out of jail helps restore a sense of normalcy and allows a defendant to meaningfully participate in their own defense. If you were charged with a crime, The Lebedevitch Law Firm can answer your questions, advocate for a lower bail amount or more lenient terms of release, and mount a vigorous defense to the criminal charges.
The Lebedevitch Law Firm is based in Fairfield, Connecticut, and represents people charged with crimes in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.
Contact The Lebedevitch Law Firm today to schedule an appointment to discuss your situation and how we can assist you.
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