CRIMINAL

BONDS

Even though the general concept of a criminal bond and an immigration bond are the same, they are vastly different on how they are obtained.


Criminal Bonds- In almost all cases a person accused of a criminal offense will have the right to post a bond which will allow him or her to be released during the pendency of their criminal charge. Generally, the seriousness of offense will determine the dollar amount of the bond that will be necessary to be secure a person’s release. The amount may seem excessive at times, but nonetheless there will be a bond amount set.


Often "bond conditions" can be placed on the person who is released. In many ways it is similar to being on probation even though a person has not been convicted of the alleged crime. So much for the presumption of innocence.


On criminal revocation cases the right to a bond can be limited or denied.


Criminal bonds can come in the form of a personal bond, cash bond, and surety bond. In the past almost all bonds were the surety type. This meant a bond company, or an attorney was paid by the accused a certain percentage of the bond amount, generally 10%-15%, and the surety posts the remaining bond amount. The amount a surety can charge for a criminal bond is only limited by the amount the accused is willing to pay. Risk factors will ultimately determine the final bond fee.


The percentage paid is retained by the surety with the understanding that the person accused will be required to attend all his or her court settings. If the person does not attend all court settings, then the surety will be responsible for the remainder of the bond balance and court costs.


A cash bond is when the person accused posts the full cash amount of the bond set. And, as long as the person accused shows up to all of his or her court dates, regardless of the outcome, the money will be returned to the person who posted the cash bond.


A personal bond only requires that the person accused makes a promise to appear in court and only if he or she does not appear for court, do they suffer a possible financial loss.

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