It looks tricky, strange and impossible. But who can think that the Law can be that lenient, considerate and permissible? Knowing that most of the defendants are considered criminals. How can they allow these people to have that undeserved liberty?
The first thing that an arrested defendant will think is on how often and fast he can get out of the jail. He will probably think if there are any ways especially bailing out needs funds and most of the criminal defendants don’t have money. So how, what and who secures the defendant’s temporary release?
A lot of people are wondering why some of the defendants that are released from prison called bonded out or bailed out. These two terms seem to be confusing especially the latter. Now, what is the difference between bail and bond?
Bail is when the defendant or the family pays in cash set by the court for temporary freedom from police custody. Bond or bail bond is more likely a loan from a santa ana bail bonds company that requires collateral.
It could be a house, car or any property that can be accepted with assurance and guarantee. Hence, by doing so, the defendant usually needs to pay a non-refundable service fee on the top of the bail amount.
A defendant who secures immediate release with cash is bailed out. The defendants who are securing their release with collateral (any property accepted by the court) are bonded out.
What’s the Best Option to Use?
In reality, the options give the same purpose. But the real question is, are all States allow bond or just bail in cash? Apparently, the answer is NO. The bail law varies from State to State and even countries.
One thing is for sure, they both need monetary factor in securing the release of the defendants. But, if the defendant requests to lower down the bail, it may be considered depending on the severity of the case or the State’s procedure.
Usually, it will take a special bail hearing, or if it’s the defendant’s first appearance in court, they can do an arraignment. Sounds complicated? Absolutely! Because evidently, it involves money and a revolving process that is needed to be obeyed.
“Temporary Freedom” for Free. Is It Possible?
We may ask a lot of questions, think about it deeply and endlessly, but it will always fall on the possibility. Bailing out free is called Signature Bond or Own Recognizance Release which is an alternative to the traditional cash and surety bond.
It is where the defendant will sign a written promise that he will return for court trials and proceedings. If the defendant fails, bail rights will be revoked, the defendant will have an immediate arrest, and monetary judgment will be entered.
This is served for low-level defendants with no criminal history, with no risk of flights and no danger to the community.
Get Legal Help for Bail, Bond and Own Recognizance Release
Thou no one’s perfect, still, “Ignorance of the law excuses no one.” You need to contact and talk to a criminal defense Lawyer as soon as possible.That way, they can legally help you understand the case and provide the best advice as well as the solution in accordance with the situation.
And of course, most importantly, abide all the rules. Be a responsible citizen.