Updated: Mar 15, 2019
Court Bond Definition and Why You Should Learn About It
Have you heard of the word court bond? It is a term you would not want to hear but should know. Here’s Criminal Defense Lawyer in Nashville Jefre Goldtrap for another free legal advice. Here I’ll show you the court bond definition and how it can make you stay out of jail.
What is court bond definition?
To explain simply, let’s say you got arrested for a crime, theft for example. You will stay under the police’s custody and a charge will be filed against you. You have to spend the night or days in jail unless you pay bail or get a bond from court.
The court bond is the amount the judge set you must pay in order to go out and stay out of jail during the hearing of your case. There are several factors affect how much bond the judge can give you. It depends on how serious your offense. The chance of committing another crime can also affect the court bond. Lastly, the probability of you running away from your trial is considered.
Difference Between Bond and Bail
Court bond and bail are often used interchangeably. They are closely related to have different meanings. According to Justia, “Bail is the money a defendant must pay in order to get out of jail. A bond is posted on a defendant’s behalf, usually by a bail bond company, to secure his or her release.” Bail serves as your collateral to the court. It’s like a commitment that you are coming back to settle your case.
What if I cannot afford the court bond judge gave me?
Though the Eighth Amendment to the U.S. Constitution forbids “excessive bail”, you’ll be surprised how judge can give expensive bond or even deny a court bond from an accused. I have experience as a criminal defense lawyer in Nashville, TN, that a client was give $4 million dollar court bond. When this happens, you can’t just say, “Your honor, I cannot afford that bond jail.” There’s a process I did for the court to lower the bond.
What I did was I wrote a motion and notify the state. In criminal court, the motion should say that you cannot meet the bond under circumstances. You have to have a rational explanation of why you can’t afford the bond. The amount of bound should be reasonable that it brings you back to court and it guarantees public safety.
What are court bond types?
1. Cash Bond - Cash bond court is when you pay the full amount of bail to assure the court that you are coming back for the trial. If for any reason you did not show up in your trial schedule or court settlement, the court will get your money. But if you come, your cash bond will be returned to you.
2. Surety Bond- If you don’t have enough money for the court bond, you can resort to a surety bond, a bail bond to be exact. In here, a bail bond provider or bondsman can secure you like insurance. If you fail to appear in court, the bondsman will pay the whole bail amount.
3. Property Bond- This court bond works almost the same with cash bond but this case, it is your property like real estate to be posted. In some situations, the value of the property should be twice the amount of your bail for it to be approved.
Do you have more questions about court bond definition? Feel free to contact me.
Don't forget to join the Facebook Group "Addicted Families" to discuss with me your queries about DUI and anything related with my expertise. This is Free for all who subscribe with my channel and blog.