Criminal defendants should understand the difference between bail and bond so they know who to pay and what terms to expect.
Summary
- Bail is the money a defendant pays to the court as a guarantee they will appear for their trial. A bond, on the other hand, is a loan provided by a third party to cover the bail amount.
- When defendants can’t pay bail, they often turn to a bail bondsman, who posts the bond in exchange for a 10% fee and collateral.
- If the defendant shows up in court, any collateral used for securing the bond is returned, minus the bondsman’s fee.
- If bail is posted directly by the defendant, the full amount is refundable at the conclusion of the case, provided they attend all court dates.
- A bail hearing determines the defendant’s eligibility for release, sets the bail amount, or outlines conditions for pretrial release.
- Bail may be denied in cases where a defendant is considered a flight risk or a threat to public safety.
After being arrested, you may be scared, stressed, and unsure of the process that’s to follow. There are many steps in the criminal process that begin the moment you’re arrested and will continue until after your trial.
Whether you were arrested for driving under the influence of alcohol, marijuana, or other drugs, one of the first things that will surely go through your head is how can I get out of jail? What is bail or bond anyway and what am I supposed to do?
Our team of North Dakota criminal defense attorneys is here to help you navigate each step of your criminal case proceedings, including dealing with bail. Schedule a free consultation with us by calling (701) 402-3136 or submitting a contact form.
Bail vs Bond
Bail and Bond are two terms you may hear quite often in the context of a criminal arrest. However, while used together, they are not the same.
What it Means to Post Bail as a Criminal Defendant
On one hand, bail refers to the amount of money that a defendant must pay the court to secure their release until their trial date. It essentially acts as insurance between the court and the defendant that they will show up for their court date.
Bail allows a person to leave jail and go home before their court case occurs. Depending on the charge, bail may range from $1,000 to millions of dollars. For instance, bail for a first-time marijuana DUI charge would be less than bail for a homicide charge.
Conditions of a Bond in a ND Criminal Case
A bond refers to a loan that is provided by a third party to pay the bail. This is because many people can’t afford to pay bail and they need a bail bond agent to help them. A bail bond agent will then be enlisted to pay the bail for them.
A bail bond is different from regular bail, as it’s provided by a bond company through an agent to release the defendant from jail. This bail bond guarantees that the defendant will appear for their trial. The defendant is required to pay 10% of the bail amount to the bail bondsman.
The bail bondsman then secures the remainder of the money in the form of collateral from the defendant. If the defendant does not appear in court, the remainder of the bail bond must be paid to the court. If the defendant does appear in court, the collateral is returned to the person who posted it and the 10% is kept by the bondsman.
Example of How Bail Bonds Work for Criminal Cases
As an example, if the bail set by the court is $5,000 then this is the amount the person must pay in order to go home while they wait on their trial.
If the person cannot afford to pay the full amount they will need to use a bail bond agent. The bail bond agent requires that the person (or someone on their behalf) pays 10% of the bail. In this example, 10% of the bail would be $500.
They must also give the bail bond agent some type of collateral–like a car, a house, or an expensive piece of jewelry–to cover the remaining $4,500. This is because the bail bond agent will be paying the court the full $5,000 on your behalf. This functions as a type of guarantee that you will show back up to court.
If you show up to court then the $4,500 is returned to the bail bond agent. However, if you do not, they lose that money. This is when they would fall back on the collateral. While proponents continue to advocate for lower bonds for ND criminal defendants, our team is here to help them navigate bail hearings.
What Happens at a Bail Hearing?
A bail hearing is an appearance in court in which the judge will determine whether not you will be granted a bail amount. A bail hearing can also be called to determine if the bail amount should be lowered or if reasonable conditions can be imposed to permit a defendant to be released pretrial.
Your bail hearing is not the time to address your guilt or innocence. For instance, this is not the time for your lawyer to argue that your medication impacted your DUI test results. That comes later. Instead, the focus is on your release.
There are a few different possible outcomes from your bail hearing. Bail is used to prevent a person from fleeing before their trial occurs, and some people may be more of a flight risk than others. This leads to these different outcomes. You can click here to read more about North Dakota’s release laws.
Release on Own Recognizance
Release on Recognizance (ROR) – The defendant is released from jail upon signing a form agreeing that they will return to court and also abide by any other necessary conditions. The defendant who is released on their own recognizance is not required to pay any sort of bail. Instead, the court trusts that they will return.
Personal Bond
Personal Bond – The defendant is released under the conditions that they must sign a bond. This means that they will be liable for criminal penalties if they do not appear in court for their trial. Nothing needs to be paid. However, they may incur fees and other penalties if they fail to appear for their future court date.
Bail Set with Terms of Release
Bail with Terms of Release – In this case, the defendant must post bail in the amount set by the court. They must either pay the bond themselves or secure a bond through a bail bond agent.
Denial of Bail
Bail Denied – If bail is completely denied by the court it is because they believe that the defendant is too much of a flight risk. The court may also deny bail over concerns the defendant could commit further crimes if they were released from jail. This may occur in cases where the defendant poses a threat to the safety of others, such as someone who repeatedly violates North Dakota DUI/DWI laws.
The defendant will then be held in jail until their court date. This is most common in situations in which the person committed a serious crime, or they have failed to show up for prior court dates and the court has reason to believe they will not show up again.
How Does a Bail Bond Work?
If someone were to have a bail of $10,000, but the defendant doesn’t have $10,000 in cash, they must seek help from a bail bondsman, who will post the bail bond on their behalf. The bail bondsman requires a 10% fee to post the bail bond, in this case $1,000.
In order to secure the other $9,000 the bail bondsman will seek out collateral from the defendant or their family. This could be in the form of a car, house, jewelry, or other expensive possessions the defendant or their family may have.
When the defendant appears in court, they will receive their collateral back from the bond agent, minus the $1,000 that was paid upfront which serves as a fee to the bail bondsman. If the defendant chooses not to appear in court, the rest of the bail would be paid using the defendant’s collateral.
However, if one were to post the entire $10,000 themselves without using a bail bondsman, they would be entitled to a full refund of their money at the end of their case, regardless of the outcome. The money put up for bail is simply to ensure that someone appears for their court date and doesn’t flee before their trial.
Why You Should Hire a Criminal Defense Lawyer for Your Bail Hearing
When facing a bail hearing, having an experienced North Dakota criminal defense lawyer on your side can significantly increase your chances of being released while awaiting trial. Their expertise ensures that you are prepared to appear in court and that your case is presented in the best possible light.
Crafting a Strong Argument for Release
A skilled criminal defense lawyer can build a convincing argument that highlights why you should be granted bail. They will emphasize your ties to the community, employment, and family responsibilities to show you are unlikely to flee.
Presenting Evidence Effectively
An experienced ND criminal defense attorney knows what evidence carries weight in a bail hearing. They can present documentation, like proof of your stable housing or employment, to support your eligibility for release.
Countering the Prosecution
Prosecutors often argue against bail by citing risks like flight or public safety concerns. Your ND criminal defense lawyer can address these points head-on, presenting facts to refute the claims and show you pose no significant risk.
Negotiating Reasonable Bail Terms
If the court sets strict conditions for your release, your North Dakota criminal defense attorney can negotiate on your behalf. They may argue for reduced bail amounts or less restrictive requirements to ensure you can afford the terms imposed.
Ensuring Legal Procedures Are Followed
A criminal defense lawyer ensures that your rights are upheld during the hearing. If any legal errors or violations occur, they can challenge these to protect you from unjust rulings.
Hiring a knowledgeable defense attorney gives you the best chance of securing release. Additionally, they can be crucial in preparing for your case while out of custody.
Contact a Criminal Defense Attorney at Sand Law PLLC
If you’ve recently been arrested in North Dakota, hiring a criminal defense attorney is crucial to ensuring that your rights are upheld. An experienced criminal defense attorney can argue for a less severe punishment, lower fees to be paid, or a reduced bail amount.
Of course, if your case goes to criminal trial, your attorney will help you throughout the entire process. For more information, contact the criminal defense attorneys at Sand Law PLLC. You can contact us online, by using the chat feature below, or at (701) 609-1510.
Frequently Asked Questions
What legal consequences occur if the defendant doesn’t appear in court?
Failing to appear in court can lead to serious consequences. The court may issue a bench warrant for the defendant’s arrest. Additional charges like failure to appear can be filed. This could also result in the forfeiture of any bail or bond that was posted.
Are bail and bond refundable, and under what circumstances?
Both bail and bond can be refundable under specific conditions. If the defendant appears in court as required and the case concludes, the bail amount is returned. However, bonds often come with non-refundable fees paid to a bondsman, so only part of the amount may be refunded.
How do you determine whether to choose bail or a bond for release?
Choosing bail or bond depends on financial circumstances. If you can afford to pay the full bail amount, you can avoid bond fees. However, if the bail is too high, a bond through a bondsman can secure your release for a portion of the total amount.