Every legal case is unique, and every bail bond will serve a slightly different purpose. But what are the different types of bail bonds, and what could each one bring to your case?
The type of bail bond that you’ll face will typically depend on things like the crime committed and your personal situation. Most commonly, there are seven different types of bail bond in San Diego, the main 5 of which are:
- Cash bail bonds
- Surety bail bonds
- Property bail bonds
- Federal bail bonds
- Immigration bail bonds
What Type of Bail Bond Do You Need?
Settling on the right type of bail bond is the best thing for your finances and the freedom of you or your loved one. But, how do you know what types of bail bonds would work best for your case?
There are a few different factors that can help you decide, and they include –
- The type of crime committed (federal/misdemeanor)
- Your financial situation
- Your circumstances
- The specifics of your case
1. Cash Bail Bonds
A cash bail bond is when a defendant or third party can afford to pay bail upfront. If the defendant attends their trial dates without fault, and the money used to pay bail is legitimate (as judged in a separate trial in cases of financial or drug crime), then bail will be returned between 60-90 days after trial.
Cash bail bonds often seem like a simple option upfront if a defendant can afford to pay the set bail amount. However, even if they can afford to pay cash bail bonds, many individuals still prefer alternative routes, as they may need that money for legal representation in the lead-up to their trial.
2. Surety Bail Bonds
Surety bail bonds are provided by bail bondsmen if a defendant doesn’t have the money to pay bail upfront, but still wishes for release.
A bail bondsman will require either the defendant or a co-signer to sign a bail contract that agrees to payment of a non-refundable premium, and appearance in court. In return, the bail bondsman will pay the total cost of bail upfront.
Most commonly, bondsmen in California will charge a 10% premium on a surety bond. So, a defendant with bail set at $10,000 would pay $1,000 upfront. Choosing the right bondsman can also see a defendant saving money. ‘The King’ offers affordable price-matched bail quotes, and 20% discounts. Defendants also have a choice whether to pay a surety bail premium upfront, or pay ½ and then monthly installments.
Surety bonds have the benefit of providing freedom while ensuring a defendant can pay for legal counsel in the lead-up to trial. This is why surety bail bonds are a popular choice for a variety of bail amounts.
3. Property Bail Bonds
If it’s not possible to pay a bail amount in cash, some defendants or co-signers may choose to pay using their property instead. Most often, this property will be real estate, but it can also be things like vehicles and jewelry. The collective value of the property used simply needs to be at least two times the bail amount. The whole property must be used.
Property bonds are not legal in every state, but they can be used in California if they meet certain requirements of the California Penal Code. Those requirements secure the validity of the property bond process and include –
- Property location
- Ownership verification
- Co-owner consent
- Property valuation
The requirement for valuations and paperwork means that property bail bonds can take a lot longer to process than surety or cash bonds. As a result, property bail bonds may not secure immediate release.
4. Federal Bail Bonds
Federal bail bonds are bail bonds issued for federal crimes, which may include –
- Aggravated assault
- Armed robbery
- Drug trafficking
- Money laundering
While The US Constitution prohibits judges from setting excessively high bail amounts, federal bail bonds will typically be higher than for other crimes. This is because a judge takes things like crime severity, and risk to the public, into account when determining bail amounts.
This can make it harder for individuals who have committed federal crimes to secure their release. But, if a federal bail bond is set, then ‘The King’ can secure release for just 10% of the overall bail amount, either paid upfront or in ½, and then an agreed monthly fee.
5. Immigration Bail Bonds
Immigration bail bonds are applicable to non-residents of the United States who are accused of committing a crime on U.S. soil. Immigration bail bonds are notoriously difficult to navigate as they have very strict requirements regarding who can pay and how.
Because of these complications, it’s always best to seek help with immigration bail bonds. With over 50 years of experience working in the California legal system, ‘The King’ can simplify the immigration bail bond process, even for non-English speaking defendants.
Citation Release Bonds and Recognizance Release Bonds
While these are the five most common types of bail bonds, there are seven types of bail bonds in total. The other two of these are the most straightforward kinds of bail bonds, and they are –
- Citation release bonds: Bail bonds that are offered in place of taking a defendant into custody. Most common for crimes like traffic offenses.
- Recognizance release: When a defendant doesn’t need to pay anything for their freedom but must instead promise the court to return at the allotted time and date. Individuals can fight for a recognizance release during pre-trial, but the legal fees of doing so may work out more expensive than bail.
Take The Guesswork Out of Bail Bond Types
‘The King’ has over 50 years of experience working with a wide range of bail bond types across California. Whether you know what bail bond is best, or need help navigating the technicalities of your case or that of a loved one, our team of California experts are on-hand to help. We offer flexible, fast bail bonds to suit your needs, at any stage of your journey. Simply get in touch to discuss your bail bonds today.
The type of bail bond you will need depends upon whether the crime is prosecuted on a Federal or State level, as well as the nature of the crime.
You will also need to consider whether you have sufficient cash on hand to pay both your bail and the significant legal expenses associated with your defense. Most people find it to their benefit to secure a bail bond so they can use their financial resources to mount a robust defense.