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How does the bail bond process work?

On Behalf of | Jan 19, 2022 | Criminal Defense

Virginia residents facing criminal charges must be diligent in protecting their rights. It’s important to understand the bail bond process during such a time.

What is a bail bond?

A bail bond is a type of surety bond that is provided by a bail bondsman to allow a person facing criminal charges to be released from jail. When a person is facing criminal charges and is expected to have a trial, the court often sets an amount of money for their bail. Bail bond is used to ensure that the individual comes to court when the trial takes place.

How does a bail bond work?

After a person first appears before a judge for a criminal charge, the judge will set a bail amount for them to be released from jail and return home. If the individual cannot afford to pay the bail on their own, they have the legal right to turn to a bail bondsman for help. When a bondsman steps in, the defendant is often required to pay them 10% of the amount.

The bail bondsman secures the remainder of the bail amount from collateral from the defendant. However, if the person doesn’t have enough, the bondsman will turn to their family members to cover the cost of the bail. Usually, for bail to be posted, it requires payment in cash in addition to collateral.

The defendant is then required to appear in court for their trial. If they appear, the bail goes through and the bondsman keeps the 10% fee. If the defendant doesn’t appear in court, they forfeit the bail bond, but the amount must still be paid to the court. The bail bondsman then uses the collateral to cover those costs.

The terms “bail” and “bond” are often used to mean the same thing. However, there are certain differences between them. Bail is the money required to get out of jail, while bond is money that’s posted on the individual’s behalf.