Difference Between Bond And Bail In Washington

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A bail bond is a bond provided by an insurance company through a bail bondsman acting as agent for the company, to allow an accused defendant to be released before trial. A bail bond is designed to ensure the appearance of the defendant in court at the scheduled time. Prior to the posting of a bail bond, the defendant or a co-signer must guarantee that they will pay the full amount of bail if the defendant does not appear in court. The bail bond company usually charges 10 percent of the amount of the bond and often requires the defendant to put up some collateral like a seconded of trust or mortgage on one's house.


When the case is concluded, the bail bond is "exonerated" and returned to the insurance company. If the defendant disappears and fails to appearing court (skips bail), the bond money will be forfeited unless the defendants found and returned. The bond may be forfeited, by order of the court, upon the partys failure to appear or to comply with the conditions of the bond. If the defendant is located and arrested by the bail agent the cosigner is responsible for all expenses the bail agent incurs while looking for the defendant.

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FAQ

In some jurisdictions, the court may also allow you to post a property bond, which will use property that you own as collateral for your conditional release. Unfortunately, though, if your bail amount is high, you may not have the resources to post bail with the court on your own.

The defendant can post their own bail or ask a family member or friend to post it. If the defendant uses a bond company, the company may require the defendant to have a co-signer (someone who will help the company find the defendant should they fail to appear).

With crimes not deemed serious, the suspect can usually post bail immediately. In cases of more serious crimes, the suspects will have to wait for a bail hearing. At the hearing, a judge will decide if the suspect may be released on bail and the amount.

And while some will tell you that you can't remain anonymous, the short answer is actually yes, you can. (But with one major consideration.) The Court is going to need a name and person to return the bond to once the court date has been successfully completed.

Judges can use criteria such as the severity of charges or allegations, criminal history, and warrant history to determine what the bail amount will be after reviewing each individual case.

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Difference Between Bond And Bail In Washington