Author
Home > Education > What is the Difference Between Bail and Bond?

Guilherme Mazui

•3 minutes to read

What is the Difference Between Bail and Bond?

🆚 Go to Comparative Table 🆚

The main difference between bail and bond lies in who pays the money and the conditions associated with their payment. Here are the key differences:

  • Bail: Bail is the money a defendant must pay to the court in order to be released from jail while their case is pending. The bail amount is set based on factors such as the severity of the charges and the defendant's past arrest history. If the defendant appears for all court proceedings, the bail is refundable at the end of the case. Bail can be paid in cash or through a bonding company.
  • Bond: A bond is a financial pledge or promise made by a bail bond company to pay the bail amount on the defendant's behalf if the defendant fails to appear in court. The bond is obtained by the defendant or their family paying a non-refundable fee, usually a percentage of the bail amount, to the bonding company. If the defendant fails to appear in court, the bonding company may be required to pay the full bail amount, and they may seek reimbursement from the defendant or their family.

In summary, bail is paid directly to the court and is refundable if the defendant appears for all court proceedings, while a bond is obtained through a bonding company and requires a non-refundable fee. Whether to choose bail or bond depends on the defendant's financial situation and the specifics of their case. If the defendant has the means to post bail, it may be the preferable option as it is less expensive in the long run. However, if the defendant doesn't have the cash up front and doesn't mind paying a non-refundable fee, a bond may be the way to go.

On this page
  • What is the Difference Between Bail and Bond?
  • Comparative Table: Bail vs Bond

    • Comparative Table: Bail vs Bond

    The main difference between bail and bond lies in the source of the money and who is securing the defendant's release from custody. Here is a table highlighting the key differences between bail and bond:

    Feature Bail Bond
    About Bail is the cash payment paid by the defendant to the court. A bond is the bondsman's pledge to make good on bail if the defendant doesn't appear.
    Payment Cash only. Party agrees to be responsible for the debt and obligation of the defendant.
    Refund Bail money will be returned at the end of the trial if all the court requirements are fulfilled. Money paid as a fee for services will not be returned.
    Type Payment made directly to the court by the defendant or someone on their behalf. Posted by a bail bond company.

    Both bail and bonds serve a similar purpose in securing the release of the defendant from custody. They require a monetary amount to be paid as security for the defendant's appearance in court, and both can be forfeited if the defendant fails to appear.

    Read more:

    Guilherme Mazui

    Guilherme Mazui is graduated in journalism from the Federal University of Minas Gerais (UFMG) and a master's degree in Communication from the University of São Paulo (USP). In addition, he has experience in advertising writing and has worked as a content editor in several companies.