Although the terms ‘bail’ and ‘bond’ are often used interchangeably, they are actually quite different. Bail is the amount of money set by the court to secure the temporary release of a defendent. The greater the flight risk or the more serious a charge then the higher the bail amount - and there are instances where a defendent is not offered the opportunity for bail but must stay behind bars until the trial.
The bond (sometimes referred to as bail bond) is a security (usually in the form of cash) paid by a third party known as a bail bondsman to the courts which allows a person’s release from jail. The bondsman generally charges the defendent 10% of the total bail amount in exchange for ensuring the courts will receive the total amount should the defendent fail to appear for trial.
The history of the American bail system can be traced to England in the Middle Ages with the passage of the first Habeas Corpus Act that, among other things, disallowed excessive bail. It was later the basis for both the sixth and eighth amendments.
The bail system remained unchanged in the United States until 1966 when Congress passed the Bail Reform Act which allowed defendents to be released with as little financial burden as possible. A second reform bill passed in 1984 ensured that criminals who were deemed a danger to the community were not afforded bail.
If a defendent ’skips town’ or otherwise fails to show for trial then the bondsman must ante up the full amount of the bail. In this case they will turn to bounty hunters to track down the wayward defendent and bring him or her back to stand trial. Not pleasant to be sure. If you are responsible for bail - live up that responsibility - otherwise you may be on the run for life.
If you need a bail bond in Houston, call David Breston at 713 224 4040. David Breston speaks spanish and he is a Houston abogado.
