What is a bail bond?

 

Definition and Purpose

A bail bond is a contract between the defendant (someone who has been accused of a crime), the state, and the surety (the bail bondsman and his insurance company).  The contract guarantees the appearance of the defendant for any and all court dates as required by the judge until the case has been adjudicated.  Should the defendant fail to appear, then it is up to the bondsman to make sure that either the defendant is returned within a specific amount of time or the bond gets paid.  The bail bond itself consists of two documents: an appearance bond, which is the aforementioned contract, and a power of attorney, which is like a check or a promise-to-pay that is filled out in the amount of the bond.  

 

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Amount

Every U.S. citizen has a constitutional right to bail.  They also have a constitutional right to bail that is “non-excessive.”  This means that the bail should be high enough so as to give the defendant sufficient incentive to return to court, yet it should not be so high as to effectively not allow the defendant to post bail.  Typically, bail is an amount set by a judge based on several factors:

 

• the severity of the alleged crime

• whether the defendant poses a flight risk if released from jail

• whether the defendant poses a risk to the community if released from jail

• past history (multiple arrests/convictions, similar types of previous arrests/convictions, on probation, failures to appear, etc.)

 

Following are usual bond amounts for the most common misdemeanor offenses:

 

• Battery Domestic Violence (1st offense): $500 - $1,000

• DUI (1st offense): $500-$1,000

• Drive While License Suspended or Revoked: $500-$1,000

• Possession of Cannabis Less Than 20 Grams: $500-$1,000

• Possession of Paraphernalia: $500-$1,000

• Worthless Check: $150

 

There is a bail schedule for the 5th Judicial Circuit which lists preset bond amounts for most felony offenses.  This is used as a guideline for arresting officers and/or judges when determining a defendant's bail.

 

ANY OF THE ABOVE-LISTED BOND AMOUNTS MAY CHANGE CONSIDERABLY IF THE DEFENDANT GOES TO FIRST APPEARANCE!

 

 

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