Q: What is “bond?”
A: Aside from describing a beefed up, aging home run hitter or a perennial, super-slick spy, the word “bond” has a unique meaning in the legal realm.
Last week we left our alleged criminal standing in front of a judge, having entered a plea of “not guilty” at his arraignment. That, of course, followed the indictment, which was produced by the independent and sizeable grand jury. Now, having made it through the arraignment, the judge has to determine what to do with the alleged perp until his or her case can come to trial.
There are a couple of options. The easiest might be just slapping the cuffs on the defendant and packing him away in jail until he can be tried. Certainly, for some severe cases that is the only appropriate method of detention. For criminal defendants who have committed vicious felonies, jail is the best method of protection – for the community and the alleged criminal. Besides, if the state is housing him, then his presence at trial and/or hearings is guaranteed.
But, for most criminal defendants, jail is excessive; for the rest, it is simply undesirable. For those situations, the most common solution is “bond.” You may know it as “bail.” Bond ensures the presence of the criminal defendant at all future legal proceedings to which he is required to be present by threatening to forfeit something of value should he fail to honor his obligation.
For instance, an alleged criminal might be imprisoned and, under the law, could stay there until the trial of his case occurs. Of course, most people do not want to be in jail, so in exchange for their release, the formerly incarcerated will agree that the authorities can claim the rights to a large sum of money or a parcel of property should he fail to honor the conditions of his bond. In some sense, bond is a lot like collateral for a loan. If the bonded person fails to honor the conditions of bond, consequences follow, such as forfeiting the money, property, or some good surety he leveraged against his freedom.
Perhaps the easiest way to think about most monetary bond agreements is to think of it as an insurance policy. Say someone was released on $50,000 bond. Most people do not have $50K to just fork over. So, a bondsman (a person that administers the bond – think Dog the Bounty Hunter) agrees to vouch for the alleged criminal in exchange for the accused paying a percentage of the total bond and/or a monthly payment. This secures the presence of the person to be tried because if the potential perp fails to appear at court when he is supposed to, the court will require the bondsman to either present the bonded person or forfeit the dough. Not wanting to fork over fifty large, a bondsman quickly locates the accused and brings him before the court.
There is another type of bond called, “personal recognizance” or, in shorthand, “PR bond.” Those given PR bond usually have committed a relatively minor (I.e., non-violent) offense and are generally trustworthy enough to make all required court appearances. Those on PR bond are insuring their court appearances against their freedom. If a person on PR bond misses a court date, a warrant is issued, and the Sheriff begins to hunt you down.
So answers the big mystery about bond. It is simply the court’s way of making sure you are present to answer for the charges arrayed against you.
A: Aside from describing a beefed up, aging home run hitter or a perennial, super-slick spy, the word “bond” has a unique meaning in the legal realm.
Last week we left our alleged criminal standing in front of a judge, having entered a plea of “not guilty” at his arraignment. That, of course, followed the indictment, which was produced by the independent and sizeable grand jury. Now, having made it through the arraignment, the judge has to determine what to do with the alleged perp until his or her case can come to trial.
There are a couple of options. The easiest might be just slapping the cuffs on the defendant and packing him away in jail until he can be tried. Certainly, for some severe cases that is the only appropriate method of detention. For criminal defendants who have committed vicious felonies, jail is the best method of protection – for the community and the alleged criminal. Besides, if the state is housing him, then his presence at trial and/or hearings is guaranteed.
But, for most criminal defendants, jail is excessive; for the rest, it is simply undesirable. For those situations, the most common solution is “bond.” You may know it as “bail.” Bond ensures the presence of the criminal defendant at all future legal proceedings to which he is required to be present by threatening to forfeit something of value should he fail to honor his obligation.
For instance, an alleged criminal might be imprisoned and, under the law, could stay there until the trial of his case occurs. Of course, most people do not want to be in jail, so in exchange for their release, the formerly incarcerated will agree that the authorities can claim the rights to a large sum of money or a parcel of property should he fail to honor the conditions of his bond. In some sense, bond is a lot like collateral for a loan. If the bonded person fails to honor the conditions of bond, consequences follow, such as forfeiting the money, property, or some good surety he leveraged against his freedom.
Perhaps the easiest way to think about most monetary bond agreements is to think of it as an insurance policy. Say someone was released on $50,000 bond. Most people do not have $50K to just fork over. So, a bondsman (a person that administers the bond – think Dog the Bounty Hunter) agrees to vouch for the alleged criminal in exchange for the accused paying a percentage of the total bond and/or a monthly payment. This secures the presence of the person to be tried because if the potential perp fails to appear at court when he is supposed to, the court will require the bondsman to either present the bonded person or forfeit the dough. Not wanting to fork over fifty large, a bondsman quickly locates the accused and brings him before the court.
There is another type of bond called, “personal recognizance” or, in shorthand, “PR bond.” Those given PR bond usually have committed a relatively minor (I.e., non-violent) offense and are generally trustworthy enough to make all required court appearances. Those on PR bond are insuring their court appearances against their freedom. If a person on PR bond misses a court date, a warrant is issued, and the Sheriff begins to hunt you down.
So answers the big mystery about bond. It is simply the court’s way of making sure you are present to answer for the charges arrayed against you.
_______________
Copyright Jeremiah G. Dys 2007. May not be used absent express, written permission. Please contact the author for permission to reprint.
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