Sunday, August 26, 2012

Forms of Bail


The court can release an accused based on recognizance. It requires an agreement with the court that the accused will attend to all the judicial proceedings. The accused also swears not to engage in further transgressions of the law. An amount may be set by the court for any incidence whenever the accused violates any of the agreements.

Citation Release

Often known as Cite-Out, a police officer can issue a citation to an accused. The citation informs the responsibility of the accused to appear before a court on a specified time. This would not require any monetary securities on the part of the accused. It is often used by the police for violations of traffic rules.

Bail Bonds

Bail bonds or surety bond is a bail that is performed with a third party. If the accused cannot afford the amount that is required, he has an option to get the help of a bail bonds agency. The bail bonds agency act as a guarantor for the obligation of the accused. If the accused failed to attend the court proceedings, these agencies will have to cover the whole bond required by law. Subject to possible losses, bail bonds companies charge for their services and may sometime require collateral from the accused.


The legal system can assign a "cash-only" bail to particular charges. It will not accept other form of bonds. There is no option to pay the bond in partial or by installments. The court would require total payment of the amount needed for the bail. Cash bonds are issued to avoid the accused from disappearing from judicial proceedings. If the accused failed to meet the requirements on court hearings, the cash bond will automatically be forfeited. However, cash bonds are often recovered by the end of the judicial proceedings or when a decision has already been reached by the court.

Property Bond

In lieu of cash, an accused can offer his property as a form of bail. The property should have an equity that satisfies the amount decided by the court. He can only offer properties that are under his name. The court has the authority to institute judicial proceedings for the foreclosure of the property, when the accused violate the conditions of his bail.


The accused can request the court to allow a combination of payment forms in meeting the bail amount. A court may agree to a combination of a cash and surety bond for the compliance of the amount. Aside from the amount, the judge may also impose conditions on the release of the accused. It's not uncommon to require the accused to surrender his passport or attend counseling as part of the conditions of the release.

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