Bail Bond Term Definitions

Bail: Bail is defined as some type of collateral that is offered to the court in order for a suspect to be released from custody until a hearing can take place. This collateral is offered under the pretense that the court will keep the monies involved if the suspect fails to appear as scheduled. In most cases a bail bonds agent will front the required amount on behalf of the suspect for a service fee.

Bail Bond: A bail bond or surety bond is a formal financial guarantee to the court that bail will be paid should the defendant fail to appear in court. It is placed by a State-licensed agent who is backed by an insurance company and guarantees a financial incentive for the defendant to show up to mandated court dates.

Bail Bondsman: The agent who places a bail bond or surety bond with the court and is licensed by the State to do so.

Cash Bond: The payment of the entire bail amount by the defendant before his or her release. If the defendant appears in court, a cash bond is usually refunded following the conclusion of the trial.

Recognizance: A waiver for the need to post bail as granted by a judge. This is done in rare cases of non-violent crime when the defendant has substantial ties to the community and is not suspected of fleeing trial.

Remand: The opposite of recognizance. Remand is the detaining of a suspect who cannot or will not post bail, or is denied the right to post bail by a judge.

Warrant: An authorization or writ issued by a competent judge or magistrate allowing the execution of a would-be illegal activity due to probable cause. Warrants free the executing party of any damages or prosecution for the act they authorizes.