Bail vs Bond
Though individuals with knowledge of the law can easily distinguish between bail and bond, these legal terms are often considered interchangeable in general usage. It’s important to recognize that bail and bond do have distinct differences. This article will discuss the meanings of these words, how they are used in a legal context, and any meanings they may have outside the courtroom.
What is Bail?
Bail refers to the temporary release of someone who has committed a legal violation. Typically, when a person violates the law, they are held in the court’s custody until their guilt or innocence is proven. The court can decide to release the person, which is known as bail. The judge usually determines the bail amount during the defendant’s first appearance. Bail can be set in different ways, such as pledging money or a bail bond. The Oxford English Dictionary defines bail as “the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money is lodged to guarantee their appearance in court.”
Bail is granted against the temporary release of a prisoner pending trial. It can also refer to the money paid by or for someone in order to secure their release on bail. For example, “She was released on a 10 million bail,” where bail refers to the amount paid to the court. It is common to use the preposition “out” after the word “bail” to describe the temporary release of a prisoner. “To bail out” means to secure the release of a prisoner on payment of bail. If all court requirements are met, the bail money will be returned at the end of the trial.
Key Takeaways
- Bail refers to the temporary release of a person who has committed a legal violation, and it can also refer to the money paid to secure their release.
- A bond is a binding engagement or agreement between two parties, and in the legal context, it can be a written guarantee or pledge used to secure someone’s release from custody (a bail bond).
- In the legal field, a bond (bail bond) is an agreement made with the court to release the defendant during the trial before a decision is made, while bail is the temporary release of a defendant from the court until a decision is made regarding their case.
What is Bond?
A bond is a type of restraint or responsibility, as in the expression “bonds of duty.” It is a binding engagement or agreement between two parties. When someone executes a bond, they enter into an agreement where their word is the bond. Their word is the binding factor, the restraint, or the responsibility.
In commerce, a bond has a different meaning. It is a certificate issued by a government or public company promising to repay borrowed money at a fixed rate of interest at a specified time. It is sometimes called a debenture as well.
In the legal context, according to the Free Dictionary, a bond is a “written guaranty or pledge, which is purchased from a bonding company (usually an insurance firm) or by an individual as security (called a ‘bondsman’) to guarantee some form of performance, including showing up in court (‘bail bond’).” In the case of a bail bond, the bail is issued based on this bond made to the court. If the defendant decides not to appear in court, the court has the right to acquire the money designated in the bond.
What is the difference between Bail and Bond?
- Bail is the temporary release for someone who has committed a legal violation, and it also refers to a kind of security that must be provided by a person facing trial in court for their temporary release from prison. The security provided in bail can be in the form of money, which is a sum paid to the court.
- In contrast, a bond is a binding engagement or agreement between two parties, which is the main difference between bail and bond.
- In the legal field, a bond (bail bond) is an agreement made with the court to release the defendant during the trial before a decision is made, while bail is the temporary release of a defendant from the court until a decision is made regarding their case.
Both terms should be used with care and precision.
