_Bail_ or _Bond_ - What's the difference

_Bail_ or _Bond_ - What's the difference

nadcixelsyd@aol.com (NadCixelsyd)	12/5/2004 1:29:29 AM
Based on a movie I just watched. What's the difference between Bond and Bail? I sometimes hear "$1000 bail, or $3000 bond". OK, suppose I put up $1000 bail and then flee. Two years later, I'm captured. Do I get my bail back? Bond? Who gets to keep it? Suppose I flee before the trial starts. Can the trial proceed without me? Doesn't my absence convey a presumtion of guilt (but then again, I chose to flee)?



"Richard"	12/4/2004 8:07:27 PM
NadCixelsyd wrote: Based on a movie I just watched. What's the difference between Bond and Bail? I sometimes hear "$1000 bail, or $3000 bond". OK, suppose I put up $1000 bail and then flee. Two years later, I'm captured. Do I get my bail back? Bond? Who gets to keep it? Suppose I flee before the trial starts. Can the trial proceed without me? Doesn't my absence convey a presumtion of guilt (but then again, I chose to flee)? the legal system that allows an accused person to be temporarily released from custody (usually on condition that a sum of money guarantees their appearance at trial); "he is out on bail" www.cogsci.princeton.edu/cgi-bin/webwn Bail is what you pay to get out of jail with or without trial, in some cases. Bond is collateral you must put up to insure you will appear. If you fail to appear, you are fair game for any bounty hunter. Once captured, your bond is forfeited either to the court or the bondsmen. Presumption of guilt is that of the prosecutor, not the court. The court's duty is to determine guilt or innocence. I doubt highly that a person who skipped would get their money back.



"S. O. Damocles"	12/5/2004 12:40:37 PM
NadCixelsyd wrote: Based on a movie I just watched. What's the difference between Bond and Bail? The Bond is what gets you out on Bail. I sometimes hear "$1000 bail, or $3000 bond". OK, suppose I put up $1000 bail and then flee. Two years later, I'm captured. Do I get my bail back? No Bond? No Who gets to keep it? The courts. Suppose I flee before the trial starts. Can the trial proceed without me? Depends, some jurisdictions allow trial in absentia, though modern justice usually shuns them. Doesn't my absence convey a presumtion of guilt (but then again, I chose to flee)? No, violating the bail/bond conditions is a seperate offence/crime, and not usually admissible as evidence if/when you are brought to trial on the original charge.



Christopher Green	12/6/2004 2:17:11 AM
On 05 Dec 2004 01:29:29 GMT, nadcixelsyd@aol.com (NadCixelsyd) wrote: Based on a movie I just watched. What's the difference between Bond and Bail? I sometimes hear "$1000 bail, or $3000 bond". The difference between cash and a promise, more or less. Bail is money you put up as security, to assure that you show up for trial. You can put up cash, which is not practical when the amount is large, or you can go to a bondsman and obtain a bond. A bond is the bondsman's pledge to make good on the bail if you don't appear. Traditionally, you pay the bondsman 10% of the value of the bond and put up collateral, such as real estate. OK, suppose I put up $1000 bail and then flee. Two years later, I'm captured. Do I get my bail back? Bond? Who gets to keep it? Say you put up $1000 cash bail and skipped town. You would forfeit the bail. The court would keep it. The court would put out a "failure to appear" warrant; if you fail to appear on a minor charge, the failure to appear may be more serious than your original misdeed. Say you got a $1000 bond (not a good example, bondsmen deal in larger sums) and skipped town. The bondsman would pay the court $1000 and come after you for it. Bondsmen do not like to be made fools of at their expense that way, and they are rough types used to dealing with lowlife clients. They take their obligation to deliver you up to the court much more seriously than their obligation not to offend your sensibilities in so doing. -- Not a lawyer, Chris Green



"truckinsp"	12/8/2004 3:06:39 PM
The court would put out a "failure to appear" warrant; if you fail to appear on a minor charge, the failure to appear may be more serious than your original misdeed. Example: You fail to appear on a traffic violation, then a warrant is issued and your driver's license is suspended. You had the opportunity to be fined with no jail time and no license suspension and you turned it into probable jail time if you are caught....AND your license probably will be suspended until you contact the court and do what they require of you.....

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