Property bond or cash bails are two common methods for criminal defendants to cover their bond requirements. The property can belong to the defendant or a family member or friend and must equal 150 percent of the bond. Cash bail is payment of the entire bail amount.
The terms "bail" and "bond" are sometimes confused. Bail is the amount of money set by a court for a defendant who has been arrested to be released from jail. If that defendant cannot pay the full amount of the bail, a bonding company can borrow the money. The bonding company then posts a bond on behalf of the defendant.
Some bail bond agents and some courts will issue bail based on a property bond. This bond places a legal claim on personal property, and if the bonded individual fails to appear in court, the property can be sold to cover the bail.
While judges determine bail amounts, a judge always has the option to deny a defendant bail. States have their own bond systems, which are different from federal bond system regulations. In some states, defendants charged with capital crimes will not receive the option for bail.
Did you know that the American bail system originally comes from the English system? When the US became a country, a lot of the legal system came from long-established laws in the English legal system, including the laws on fair bail.
Most bail bonds are considered to be a type of surety loan or bond. What this means is that the bond is a type of loan that will require supplemental insurance. This ensures the terms and satisfaction of the bail bond through proper repayment.