Bail vs. Bond: What's the Difference?
Edited by Harlon Moss || By Janet White || Published on November 21, 2023
Bail is the money paid to secure a defendant's temporary release from custody, while a Bond is a written agreement ensuring the defendant's appearance in court.
Key Differences
Bail is a set amount of money that acts as insurance between the court and the defendant. It is paid to ensure that the accused returns for their court date. On the other hand, a Bond is typically an agreement facilitated by a third party, such as a bail bond agent, who posts the bail amount on the defendant's behalf. This bond guarantees the court that the accused will appear as required.
The concept of Bail is based on the principle that everyone is presumed innocent until proven guilty. Paying bail allows an individual to prepare for their trial outside of jail. However, if the accused does not have the funds, they can seek the services of a bond agent. This agent, for a fee, will post a Bond, thus enabling the defendant's release.
When Bail is determined, the amount reflects the severity of the crime and the flight risk of the defendant. Once paid, the defendant is released but must honor their agreement to return for court proceedings. In contrast, a Bond might require collateral, such as property or assets, which the bond agent can claim if the defendant fails to appear.
If a defendant can't afford Bail, a bond agent becomes crucial. The agent agrees to take on the defendant's obligation in exchange for a fee, which is typically a percentage of the bail amount. When a Bond is used, it's the bond agent who ensures the defendant's appearance in court. If the defendant fails, the bond agent might employ a bounty hunter to locate and return the defendant to custody.
In essence, while Bail and Bond are mechanisms to ensure a defendant's appearance in court, Bail is the actual money paid, and Bond is a written agreement, often involving a third-party agent, to secure that appearance.
ADVERTISEMENT
Comparison Chart
Definition
Money paid for a defendant's temporary release.
A written agreement ensuring the defendant's court appearance.
Facilitation
Direct payment to the court.
Usually involves a third party (bail bond agent).
Requirement
Set amount determined by the court.
May require collateral or a fee paid to the bond agent.
Purpose
Acts as insurance for the defendant's return.
Guarantees the court that the accused will appear as required.
In case of Default
Money is forfeited and defendant is re-arrested.
Bond agent can claim collateral or use a bounty hunter for retrieval.
ADVERTISEMENT
Bail and Bond Definitions
Bail
Money deposited to ensure a defendant's return to court.
After paying the Bail, John was released from custody.
Bond
A written promise ensuring a defendant's court appearance.
The Bond agent required collateral before agreeing to the bond.
Bail
Amount paid for temporary freedom before trial.
Unable to afford the Bail, she remained in jail.
Bond
Contract between the bail bond agent and defendant.
The Bond stipulated the terms of his release.
Bail
The cost of a defendant's provisional release from custody.
The family gathered funds to cover his Bail.
Bond
Something, such as a fetter, cord, or band, that binds, ties, or fastens things together.
Bail
Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial.
Bond
Often bonds Confinement in prison; captivity.
Bail
Release from imprisonment provided by the payment of such money.
Bond
A uniting force or relationship; a link
The familial bond.
Bail
A person who provides this security.
Bond
A binding agreement; a covenant.
Bail
A container used for emptying water from a boat.
Bond
A duty, promise, or other obligation by which one is bound.
Bail
The arched hooplike handle of a container, such as a pail.
Bond
A substance or agent that causes two or more objects or parts to cohere.
Bail
An arch or hoop, such as one of those used to support the top of a covered wagon.
Bond
The union or cohesion brought about by such a substance or agent.
Bail
A hinged bar on a typewriter that holds the paper against the platen.
Bond
A chemical bond.
Bail
The pivoting U-shaped part of a fishing reel that guides the line onto the spool during rewinding.
Bond
A systematically overlapping or alternating arrangement of bricks or stones in a wall, designed to increase strength and stability.
Bail
A small loop, usually of metal, attached to a pendant to enable it to be strung on a necklace or bracelet.
Bond
A written obligation requiring the payment of a sum at a certain time.
Bail
Chiefly British A pole or bar used to confine or separate animals.
Bond
A debt security obligating a government or corporation to pay a specified amount on a future date, especially a marketable security that makes semiannual interest payments.
Bail
(Sports) One of the two crossbars that form the top of a wicket used in the game of cricket.
Bond
A guarantee issued by a surety agency on behalf of a client, requiring the surety to pay a sum of money to a third party in the event the client fails to fulfill certain obligations; a surety bond.
Bail
To secure the release of by providing security.
Bond
A sum pledged as a guarantee.
Bail
To release (a person) for whom security has been paid.
Bond
A sum paid as a guarantee of a person's appearance at court for trial; bail
Set bond at $100,000.
Released the prisoner on a $10,000 bond.
Bail
(Informal) To extricate from a difficult situation
Always bailing you out of trouble.
Bond
The condition of being held under the guarantee of a customs bond
Imported merchandise stored in bond.
Bail
To remove (water) from a boat by repeatedly filling a container and emptying it over the side.
Bond
An insurance contract that indemnifies an employer for loss resulting from a fraudulent or dishonest act by an employee; a fidelity bond.
Bail
To empty (a boat) of water by bailing.
Bond
Bond paper.
Bail
To empty a boat of water by bailing.
Bond
To join securely, as with glue or cement.
Bail
To parachute from an aircraft; eject. Often used with out
Bailed out of the damaged airplane at the last possible moment.
Bond
To join (two or more individuals) in a relationship, as by shared belief or experience
An interest in banking reform bonded the two political opponents.
Bail
To abandon a project or enterprise. Often used with out
The investors bailed out when it looked as though the company was going to be unprofitable.
Bond
To finance by issuing bonds
Two projects have already been bonded.
Bail
Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that person's appearance for trial.
Bond
To raise by issuing bonds
The city bonded $900,000 for the new park.
Bail
Release from imprisonment on payment of such money.
Bond
To gain the release of (someone who has been arrested) by providing a bail bond
Bonded his cousin out of jail.
Bail
The person providing such payment.
Bond
To issue a surety bond or a fidelity bond for.
Bail
A bucket or scoop used for removing water from a boat etc.
Bond
To lay (bricks or stones) in an overlapping or alternating pattern.
Bail
A person who bails water out of a boat.
Bond
To cohere with a bond.
Bail
(obsolete) Custody; keeping.
Bond
To form a close personal relationship.
Bail
A hoop, ring or handle (especially of a kettle or bucket).
Bond
To secure release from prison by providing a bail bond
The accused bonded out of jail.
Bail
A stall for a cow (or other animal) (usually tethered with a semi-circular hoop).
Bond
(legal) Evidence of a long-term debt, by which the bond issuer (the borrower) is obliged to pay interest when due, and repay the principal at maturity, as specified on the face of the bond certificate. The rights of the holder are specified in the bond indenture, which contains the legal terms and conditions under which the bond was issued. Bonds are available in two forms: registered bonds, and bearer bonds.
Bail
A hinged bar as a restraint for animals, or on a typewriter.
Bond
(finance) A documentary obligation to pay a sum or to perform a contract; a debenture.
Investors face a quandary. Cash offers a return of virtually zero in many developed countries; government-bond yields may have risen in recent weeks but they are still unattractive. Equities have suffered two big bear markets since 2000 and are wobbling again. It is hardly surprising that pension funds, insurers and endowments are searching for new sources of return.
Many say that government and corporate bonds are a good investment to balance against a portfolio consisting primarily of stocks.
Bail
A frame to restrain a cow during milking or feeding.
Bond
A partial payment made to show a provider that the customer is sincere about buying a product or a service. If the product or service is not purchased the customer then forfeits the bond.
Bail
A hoop, ring, or other object used to connect a pendant to a necklace.
Bond
A physical connection which binds, a band.
The prisoner was brought before the tribunal in iron bonds.
Bail
(cricket) One of the two wooden crosspieces that rest on top of the stumps to form a wicket.
Bond
An emotional link, connection or union; that which holds two or more people together, as in a friendship; a tie.
They had grown up as friends and neighbors, and not even vastly differing political views could break the bond of their friendship.
Bail
(furniture) Normally curved handle suspended between sockets as a drawer pull. This may also be on a kettle or pail.
Bond
Moral or political duty or obligation.
Bail
To secure the release of an arrested person by providing bail.
Bond
(chemistry) A link or force between neighbouring atoms in a molecule.
Organic chemistry primarily consists of the study of carbon bonds, in their many variations.
Bail
(legal) To release a person under such guarantee.
Bond
A binding agreement, a covenant.
You could rely on him. His word was his bond.
Herbert resented his wife for subjecting him to the bonds of matrimony; he claimed they had gotten married while drunk.
Bail
(legal) To hand over personal property to be held temporarily by another as a bailment.
To bail cloth to a tailor to be made into a garment; to bail goods to a carrier
Bond
A bail bond.
The bailiff released the prisoner as soon as the bond was posted.
Bail
To remove (water) from a boat by scooping it out.
To bail water out of a boat
Bond
Any constraining or cementing force or material.
A bond of superglue adhered the teacups to the ceiling, much to the consternation of the cafe owners.
Bail
To remove water from (a boat) by scooping it out.
To bail a boat
Bond
(construction) In building, a specific pattern of bricklaying, based on overlapping rows or layers to give strength.
Bail
To set free; to deliver; to release.
Bond
(Scotland) A mortgage.
Bail
(slang) To exit quickly.
With his engine in flames, the pilot had no choice but to bail.
Bond
(railways) A heavy copper wire or rod connecting adjacent rails of an electric railway track when used as a part of the electric circuit.
Bail
To fail to meet a commitment (to a person).
Bond
A peasant; churl.
Bail
To secure the head of a cow during milking.
Bond
A vassal; serf; one held in bondage to a superior.
Bail
(rare) To confine.
Bond
(transitive) To connect, secure or tie with a bond; to bind.
The gargantuan ape was bonded in iron chains and carted onto the stage.
Bail
To secure (a cow) by placing its head in a bail for milking.
Bond
(transitive) To cause to adhere (one material with another).
The children bonded their snapshots to the scrapbook pages with mucilage.
Bail
To keep (a traveller) detained in order to rob them; to corner (a wild animal); loosely, to detain, hold up.
Bond
To form a chemical compound with.
Under unusual conditions, even gold can be made to bond with other elements.
Bail
A bucket or scoop used in bailing water out of a boat.
The bail of a canoe . . . made of a human skull.
Bond
(transitive) To guarantee or secure a financial risk.
The contractor was bonded with a local underwriter.
Bail
Custody; keeping.
Silly Faunus now within their bail.
Bond
To form a friendship or emotional connection.
The men had bonded while serving together in Vietnam.
Bail
The person or persons who procure the release of a prisoner from the custody of the officer, or from imprisonment, by becoming surety for his appearance in court.
The bail must be real, substantial bondsmen.
A. and B. were bail to the arrest in a suit at law.
Bond
(transitive) To put in a bonded warehouse; to secure (goods) until the associated duties are paid.
Bail
The security given for the appearance of a prisoner in order to obtain his release from custody of the officer; as, the man is out on bail; to go bail for any one.
Excessive bail ought not to be required.
Bond
To lay bricks in a specific pattern.
Bail
The arched handle of a kettle, pail, or similar vessel, usually movable.
Bond
To make a reliable electrical connection between two conductors (or any pieces of metal that may potentially become conductors).
A house's distribution panel should always be bonded to the grounding rods via a panel bond.
Bail
A half hoop for supporting the cover of a carrier's wagon, awning of a boat, etc.
Bond
To bail out by means of a bail bond.
Bail
A line of palisades serving as an exterior defense.
Bond
Subject to the tenure called bondage.
Bail
The outer wall of a feudal castle. Hence: The space inclosed by it; the outer court.
Bond
In a state of servitude or slavedom; not free.
Bail
A certain limit within a forest.
Bond
Servile; slavish; pertaining to or befitting a slave.
Bond fear
Bail
A division for the stalls of an open stable.
Bond
That which binds, ties, fastens, or confines, or by which anything is fastened or bound, as a cord, chain, etc.; a band; a ligament; a shackle or a manacle.
Gnawing with my teeth my bonds in sunder,I gained my freedom.
Bail
The top or cross piece (or either of the two cross pieces) of the wicket.
Bond
The state of being bound; imprisonment; captivity, restraint.
Bail
To lade; to dip and throw; - usually with out; as, to bail water out of a boat.
Buckets . . . to bail out the water.
Bond
A binding force or influence; a cause of union; a uniting tie; as, the bonds of fellowship.
A people with whom I have no tie but the common bond of mankind.
Bail
To dip or lade water from; - often with out to express completeness; as, to bail a boat.
By the help of a small bucket and our hats we bailed her out.
Bond
Moral or political duty or obligation.
I love your majestyAccording to my bond, nor more nor less.
Bail
To deliver; to release.
Ne none there was to rescue her, ne none to bail.
Bond
A writing under seal, by which a person binds himself, his heirs, executors, and administrators, to pay a certain sum on or before a future day appointed. This is a single bond. But usually a condition is added, that, if the obligor shall do a certain act, appear at a certain place, conform to certain rules, faithfully perform certain duties, or pay a certain sum of money, on or before a time specified, the obligation shall be void; otherwise it shall remain in full force. If the condition is not performed, the bond becomes forfeited, and the obligor and his heirs are liable to the payment of the whole sum.
Bail
To set free, or deliver from arrest, or out of custody, on the undertaking of some other person or persons that he or they will be responsible for the appearance, at a certain day and place, of the person bailed.
Bond
A financial instrument (of the nature of the ordinary legal bond) made by a government or a corporation for purpose of borrowing money; a written promise to pay a specific sum of money on or before a specified day, given in return for a sum of money; as, a government, city, or railway bond.
Bail
To deliver, as goods in trust, for some special object or purpose, upon a contract, expressed or implied, that the trust shall be faithfully executed on the part of the bailee, or person intrusted; as, to bail cloth to a tailor to be made into a garment; to bail goods to a carrier.
Bond
The state of goods placed in a bonded warehouse till the duties are paid; as, merchandise in bond.
Bail
(criminal law) money that must be forfeited by the bondsman if an accused person fails to appear in court for trial;
The judge set bail at $10,000
A $10,000 bond was furnished by an alderman
Bond
The union or tie of the several stones or bricks forming a wall. The bricks may be arranged for this purpose in several different ways, as in English bond or block bond (Fig. 1), where one course consists of bricks with their ends toward the face of the wall, called headers, and the next course of bricks with their lengths parallel to the face of the wall, called stretchers; Flemish bond (Fig.2), where each course consists of headers and stretchers alternately, so laid as always to break joints; Cross bond, which differs from the English by the change of the second stretcher line so that its joints come in the middle of the first, and the same position of stretchers comes back every fifth line; Combined cross and English bond, where the inner part of the wall is laid in the one method, the outer in the other.
Bail
The legal system that allows an accused person to be temporarily released from custody (usually on condition that a sum of money guarantees their appearance at trial);
He is out on bail
Bond
A unit of chemical attraction between atoms; as, oxygen has two bonds of affinity. Also called chemical bond. It is often represented in graphic formulæ by a short line or dash. See Diagram of Benzene nucleus, and Valence. Several types of bond are distinguished by chemists, as double bond, triple bond, covalent bond, hydrogen bond.
Bail
Release after a security has been paid
Bond
A heavy copper wire or rod connecting adjacent rails of an electric railway track when used as a part of the electric circuit.
Bail
Deliver something in trust to somebody for a special purpose and for a limited period
Bond
League; association; confederacy.
The Africander Bond, a league or association appealing to African, but practically to Boer, patriotism.
Bail
Secure the release of (someone) by providing security
Bond
A vassal or serf; a slave.
Bail
Empty (a vessel) by bailing
Bond
To place under the conditions of a bond; to mortgage; to secure the payment of the duties on (goods or merchandise) by giving a bond.
Bail
Remove (water) from a vessel with a container
Bond
To dispose in building, as the materials of a wall, so as to secure solidity.
Bail
A sum given as insurance between the court and defendant.
The judge set the Bail at $10,000 due to the severity of the crime.
Bond
In a state of servitude or slavery; captive.
By one Spirit are we all baptized . . . whether we be Jews or Gentiles, whether we be bond or free.
Bail
A means to ensure the accused's presence at future proceedings.
Bail provides an incentive for defendants to honor their court dates.
Bond
An electrical force linking atoms
Bond
A certificate of debt (usually interest-bearing or discounted) that is issued by a government or corporation in order to raise money; the issuer is required to pay a fixed sum annually until maturity and then a fixed sum to repay the principal
Bond
A connection based on kinship or marriage or common interest;
The shifting alliances within a large family
Their friendship constitutes a powerful bond between them
Bond
(criminal law) money that must be forfeited by the bondsman if an accused person fails to appear in court for trial;
The judge set bail at $10,000
A $10,000 bond was furnished by an alderman
Bond
A restraint that confines or restricts freedom (especially something used to tie down or restrain a prisoner)
Bond
A connection that fastens things together
Bond
A superior quality of strong durable white writing paper; originally made for printing documents
Bond
United States civil rights leader who was elected to the legislature in Georgia but was barred from taking his seat because he opposed the Vietnam War (born 1940)
Bond
British secret operative 007 in novels by Ian Fleming
Bond
The property of sticking together (as of glue and wood) or the joining of surfaces of different composition
Bond
Stick to firmly;
Will this wallpaper adhere to the wall?
Bond
Create social or emotional ties;
The grandparents want to bond with the child
Bond
Issue bonds on
Bond
Bring together in a common cause or emotion;
The death of their child had drawn them together
Bond
Held in slavery;
Born of enslaved parents
Bond
An agreement often involving a third party for bail payment.
Lacking cash, they sought a Bond through an agent.
Bond
Assurance to the court of a defendant's future attendance.
With the Bond in place, the court had assurance of his return.
Bond
A guarantee given in lieu of direct bail payment.
The Bond covered the bail amount, ensuring his temporary freedom.
FAQs
How does a Bond differ from Bail?
A Bond is a written agreement, often involving a third-party agent, guaranteeing a defendant's court appearance, whereas Bail is the actual money paid.
How is the amount of Bail determined?
It's set by the court based on the crime's severity and the defendant's flight risk.
Are there different types of Bonds?
Yes, common types include surety bonds, property bonds, and personal recognizance bonds.
What is Bail?
Bail is money paid to ensure a defendant's return to court after their temporary release.
Is Bail refundable?
Yes, Bail is often returned if the defendant appears for all court dates.
What does a Bond agent do?
A Bond agent posts bail for a defendant in exchange for a fee and ensures the defendant's court appearance.
Can Bail be denied?
Yes, Bail can be denied if the defendant poses a flight risk or threat.
Who facilitates a Bond?
Typically, a bail bond agent facilitates a Bond.
Can everyone pay Bail?
Not necessarily; if a defendant can't afford Bail, they might use a Bond agent's services.
What happens if a defendant skips court after posting Bail?
The Bail is forfeited, and the defendant can be re-arrested.
What's collateral in the context of a Bond?
It's an asset given as a guarantee for the Bond, which the bond agent can claim if the defendant defaults.
Is a Bond legally binding?
Yes, a Bond is a contract ensuring a defendant's court appearance.
What happens if a Bond agreement is violated?
The Bond can be revoked, and the defendant can be taken into custody.
What is a bail bond fee?
It's a percentage of the Bail amount charged by the bond agent for their services.
What's the risk for a Bond agent?
If a defendant doesn't appear, the bond agent loses the Bail money and may need to locate the defendant.
Are Bail and Bond terms used interchangeably?
Though related, they're distinct; Bail refers to the money, while Bond is the agreement.
Who sets Bail amounts?
Judges or magistrates typically set Bail during a bail hearing.
Can Bail conditions be set?
Yes, courts can set conditions like no-contact orders or drug tests.
Can Bail or Bond be modified?
Yes, with a legal appeal, Bail or Bond amounts and conditions can be modified.
Is every arrested person eligible for Bail or Bond?
Not always; eligibility depends on various factors, including the crime and potential flight risk.
About Author
Written by
Janet WhiteJanet White has been an esteemed writer and blogger for Difference Wiki. Holding a Master's degree in Science and Medical Journalism from the prestigious Boston University, she has consistently demonstrated her expertise and passion for her field. When she's not immersed in her work, Janet relishes her time exercising, delving into a good book, and cherishing moments with friends and family.
Edited by
Harlon MossHarlon is a seasoned quality moderator and accomplished content writer for Difference Wiki. An alumnus of the prestigious University of California, he earned his degree in Computer Science. Leveraging his academic background, Harlon brings a meticulous and informed perspective to his work, ensuring content accuracy and excellence.
