When a loved one or friend is arrested the entire experience can be overwhelming. The bail process is not always easy to understand especially if you are not familiar with the terminology. One of the first questions that most people ask is: What is a bail bond and how does it work? A bail bond is a legal contract between the accused party, their co-signer and the bail bond company. It serves to offer the court an assurance that the defendant will show up at court dates at the assigned dates and times. In return, the accused is free to be with their family, work and go about their daily lives while they prepare and wait for their trial date.
ASAP Bail Bonds Have Provided the Following Glossary of Bail Bond Terms to Help You Navigate the Arrest Process, Jail & Court System:
• Bail: Bail is an amount of money that is governed by the court to insure that the individual accused will show up for the trail. If the accused does not appear before the court, then the judge has the power to forfeit the full amount of the bail.
• Bail Bond: A bail bond is a contractual agreement that allows the accused to be released from custody.
• Bail Conditions: The conditions of an individuals bail are set in place by the court to ensure that the defendant will be present at the assigned court dates. Some examples of bail conditions include the defendant’s ability to have continued employment or forfeiture of their passport or any other conditions that the court decides upon.
• Bond: A bond is a contract that is an assurance that the accused will show up to their assigned court dates. If you can not afford to make the whole payment of the set bail directly to the court, a bail bondsman will act as your guarantor.
• Collateral: Collateral is property or other items of value that will be forfeited if the accused party fails to meet the conditions of their bond agreement, collateral also acts as an insurance to your bondsman that the full amount of bail will be covered if needed.
• Defendant: The defendant is the person who has been accused of committing a crime.
• Forfeiture: if the defendant does not appear at the assigned date and time of their court date, the court will formally notify the bail company with a second court date. If the accused fails to show up a second time, the court may order that the payment of the full bail amount form the bail bond company. If this happens the bail bond company will use a fugitive recovery agent (Bounty Hunter) to track and locate the defendant to avoid the possibility of financial loss.
• Indemnitor: An indemnitor is a consignee on the bond who is also insuring that the defendant will be present for trial. As the consignee, they will be held accountable for the full bail amount and additional legal expenses if the defendant fails to show up for the assigned trial date.