Bail Definition

What is Bail Definition?

Bail definition, the sum of cash that an individual who has been accused of a criminal act gives to the court to secure his or her release from jail while waiting for the trial. The primary goal of the bail is to ensure that the person will come back to court for hearing.

When your loved one gets arrested, you will get to post a bail bond for him get out of prison. Many people don’t understand how bail bonds work, as they imagine a judge just hitting the gavel and announcing the bail amount. Note that this is not how these bonds work.


What is bail?

Bail is an agreement between the accused and the court that allows the defendant to post some amount of cast, pledging that he or she will attend their set court date. When the defendant attends all the court hearing as required, the cash will be refunded.

For example, if the bail amount is accepted is $10,000, you will give the court that same amount for you to secure a release of your loved one from jail. You will get your cash back if the defendant returns to court on the dates set.

The money will be refunded even if the defendant will be convicted during court hearings. Nevertheless, if the defendant fails to show up in court, this will lead to a forfeit of the similar amount and a warrant will be issued for the arrest of the defendant.


What should I know on bail definition

If you are new to the arena of posting bail bonds, you will need to learn the basics first before anything else. Bail is the sum of cash that paid to the court to secure the release of your loved ones from jail as they wait for their court hearings.

The function of bail is to hold the accused responsible for attending all court hearings and prevent any person from running away and evade the law, expecting to avoid being jailed.

Nevertheless, if you can’t afford to pay the required bail amount, your loved one will have to remain in prison while waiting for the court date.

Alternatively, you can use the third party alternative that entails working with a bail bond agent who will post bail for you if can’t afford the bail amount.

The bail bonding company will work with you to secure the release of your loved one from jail immediately and wait for their court date as they continue with their normal life as usual.

They will charge a small fee or ask for collateral, and they will post bail immediately they get the payment. Most bail bond agencies will offer payment options to assist you in taking advantage of their services.

Bail bond companies are useful when a relative or friend is detained, and you don’t have enough cash to post bail to help them get out of jail. Nevertheless, there are a couple of things you need to understand concerning bail and bail bonds to be ready just in case you get into such a situation.


What is a bail bond?

Bail bonds tend to be same as personal loans since you need to give a small portion of the whole bail amount set by the judge and a bondsman will offer the remaining cash. The bondsman is the same as a creditor with a personal loan.

For example, if the bail amount is set at $20,000, a defendant will have to give an advance amount of $4,000. After that, the bail agent will give the court $20,000 that is required to post bail. In many occasions, a bonding agent might ask for collateral for the remaining balance. The moment the court decides the case, you will get your cash back, which can be returned to the bondsman.

If your friend or a family member has recently been detained for the first time, you might be new to the bail procedure. You might not understand what entails in getting a bail, how the payments are made and how the bail bond company can assist. Even for an individual who knows how this procedure works, there are a couple of things about bail and bonds that are unfamiliar to many people.


Why paying bail on your own isn’t always a good idea             

Posting and committing to pay cash bail is a long-term investment that can inflict problems to your financial situation. This is where the services of bondsman come in handy.

These experienced professionals will let you pay for a percentage of the bail amount, and this provides a less risk than paying the whole amount by yourself.

The risk comes into picture when paying bail in the whole amount in case the accused goes against the agreement made to the court and fails to show up during the court hearings.

Once this takes place, you will not get any refund for the amount paid as bail. The court will only refund the cash when the defendant attends all the court hearings and does everything he or she is required to do.

But is it worth it taking the risk while a reliable bondsman will help you solve the puzzle? The bonding agent will need a percentage of the bond amount and will post on your behalf. You don’t have to risk losing the whole bond amount, and this will worsen your financial situation.


Bail is not meant for everyone

Bear in mind that not every arrest needs a bail or bail bonding company to secure the release of the loved one from jail as he or she waits for trial date. Based on the fees, an individual can be released from jail on own recognizance.

Basically, this is walking out of prison without having to pay a penny. However, not every person can be this lucky. To be eligible for recognizance, you must be the first time lawbreaker, be arrested due to non-violent criminal acts or being considered as a low flight risk to the prison.

Low flight implies that there no likelihood that you will run away before the court hearings. If you want your loved one to be released from prison on your own recognizance, you will be required to attend all the court hearings to avoid any problems.


Attending court hearings is not always enough

Many people believe that leaving prison on bail. All they are required to do to fulfill the requirements is show up in court hearings. However, there are so many things that the defendant need to do.

The defendant will have to attend to many court dates, you might be required to enroll in an alcohol education program. If the defendant fails to follow all the requirements, the bond cosigner will risk having their provided collateral being seized by the bonding company.


Collateral can be different things

If you are getting a bail bond with a company to secure a release of your loved one from jail, you will be required to provide some kind of collateral to hold yourself accountable.

There are numerous types of collateral that you can give, comprising home, land, jewelry, firearms, bank account balance, car or any valuable properties. You can give a surety bond that is a portion of the bond amount.

This allows you to avoid giving any of your properties since the accused can break the agreement.


Is a bail bond tax deductible?

Bail bonds are not tax-deductible. The only thing that might make you believe it is like tax is a payment is made to the government. Nevertheless, a bail bond is a guarantee that assists you to make sure that the defendant will attend the court hearings to stand trial for your criminal act.

When criminals are detained and locked up in jail, they are offered two options for posting bail. Once you post the entire amount of bond without the help of a bonding agent, you will receive the whole amount of bail provided you to attend the court. The only moment that you will lose cash in a bail situation is when you hire a bonding agent.

In most cases, the bondsman will need a down payment for any bail amount that is 10%. The bonding agent will provide the remaining 90% of the total amount of bail. This means that you are paying the bonding company to pay your bail. The bondsman will then receive the full refund that was given as bail.