What are the types of bail bonds and which ones might be right for you?
If you or your loved one had been arrested and you want to post bail, you should know that you have the option to choose from several types of bail bonds available. At the bail hearing, the judge will determine the amount of the bond depending on the circumstances of the alleged criminal act.
Bail bonds come in several forms, each designed for different situations. Some are used only under specific circumstances, while others are more commonly applied. The conditions and level of strictness can vary, but one requirement remains the same across all types: the defendant must attend all court appearances and stay in communication with the court.
Failing to meet these obligations can lead to financial consequences. For instance, if someone skips bail, the full amount becomes due, and depending on the arrangement, either the individual or the bail bondsman may be responsible.
The main types of bail bonds include:
- Cash Bail Bonds
- Property Bonds
- Surety Bonds
- Citation Release
- Federal Bail Bonds
- Recognizance Release
- Immigration Bail Bonds
Read on to discover each bond’s rules, regulations, laws, and purpose.
Surety Bonds
The most standard form of bail bond, it’s a legal contract between the defendant, the court, and a bonding company. This contract’s purpose is to guarantee that the defendant won’t miss any of their court appearances. It’s essentially a risk mitigation tool.
A surety bond is implemented when the bail bond company, hired by the defendant or on the defendant’s behalf, posts the full bail amount and charges a non-refundable fee for this service. Surety bonds don’t require collateral or evidence of material possessions, unlike property bonds. If the bail is set at more than $1,000, the defendant (or whoever — it can be a family member or a friend) pays the percentage of their posted bail. In Louisiana, it’s typically 12%, and it’s 10% in some other states.
Many defendants choose this type of bond because it’s more affordable than paying the whole amount, as in the case of cash bail bonds.
Cash Bail Bonds
Cash bail bonds are what they sound like: You pay the full amount of the set bail with cash. Like with surety bonds, it’s an incentive to attend all required court dates and scheduled appointments during your trial, but the difference is that, with compliance, you get all that money back. This is the best and the easiest option — if you can afford it. No fees, and money back (again, provided that you play by the rules).
Property Bonds
Property bonds are also pretty self-explanatory. They are bail bonds paid by property collateral. Real estate is the most common type of property bond, but other types are also sometimes possible (jewelry, stocks, cars, etc.). Property bonds are not accepted in every state in the United States, but they are accepted in Louisiana. This type of bond requires using the full rights of the property, no partials.
It’s a perfectly fine type of bond if you have property you can use as collateral. The biggest disadvantage of choosing a property bond is that, while other types of bonds can take only a few hours to go through, it can take weeks to secure a property bond because of the amount of inspections and paperwork involved.
Citation Release
This type of bond is a legal citation (a ticket) written by the law enforcement officer instead of taking the alleged offender into custody. It’s typically used for low-level crimes like traffic violations and non-violent misdemeanors. There is no pretrial detention, only setting a court date. You must pay the full amount of the citation to avoid legal consequences. The decision of whether to issue a citation instead of taking any other action is at the discretion of the arresting officer.
Recognizance Release
This is a desirable type of bail as no money or using property as collateral are involved. If the judge determines that the defendant could be granted freedom based on trust, with a promise to appear in court as required, the defendant doesn’t have to pay anything. It’s basically a no-cost bail.
Federal Bail Bonds
In federal criminal cases, a different type of bail applies. These bonds are specifically used when someone is charged under federal law rather than state law. After an arrest, a federal magistrate judge reviews the case during a detention hearing to decide whether bail will be granted and under what conditions.
The federal system tends to involve more complex procedures and stricter rules compared to state courts, and the bond amounts are often significantly higher. Because of this, it is strongly advised to work with an experienced defense attorney and consider seeking help from a reputable bail bond agency to navigate the process effectively.
Immigration Bail Bonds
This type of bond can be only used by defendants who are not citizens of the United States. They work the same as regular bonds, but typically have stricter requirements due to their international nature. They can also be complicated and take a long time to secure. Just like with the federal bail bonds, we recommend that you hire a bail bond company and seek legal representation from a defense attorney.
Which Type of Bail Bond Is Best for Me?
It depends on the charge, your financial situation, the bail amount, the options available in your jurisdiction, and more. To determine the best type of bail bond for your situation, consider:
The availability of bond options where you live. For example, if you own property, a property bond may be an option, but it may not be available in your jurisdiction.
Your financial situation. If you can afford to pay the full bail amount, a cash bond might be the easiest, quickest, and the best option overall. But surety might be a viable choice if you can’t afford the full amount but can afford a percentage of it.
Whether you want to pay the fees. If you can swing it, again, a cash bail bond is a good option because you’ll get all of your money back if you comply with all your court appearances. With a surety bond, the fees are non-refundable regardless of the verdict. But that might be your only option if you can’t afford to pay the full bail amount.
In any case, we recommend consulting with legal professionals like bail bond agents and defense attorneys who can help you understand the pros and cons of each type of bail bond as it applies to your specific circumstances and local regulations and guide you in making an informed decision.
Frequently Asked Questions About Types of Bail Bonds
What are the most common types of bail bonds?
There are several types, but only one or two might be available to you, depending on your charge and where you live. Surety bonds, property bonds, cash bonds, citation releases, and releases on recognizance are the most common, but there are also federal and immigration bonds that only apply to federal offenses and offenses committed by non-citizens of the U.S., respectively.
How much is a surety bond in Louisiana?
In Louisiana, a surety bond will cost the defendant 12% of the total bail amount, but it varies in other states.
What are the alternatives to monetary bail?
There are several alternatives to monetary bail bonds, including home confinement and pretrial services (government-run supervision programs). Recognizance release is still considered a bond option, but it’s a no-cost bail option, so you’re not paying any money.
How long does it take to get a bail bond in Louisiana?
For most misdemeanors, defendants can usually be booked and post bond within a few hours. For more serious crimes, the State of Louisiana requires defendants to be brought before a judge within 72 hours of arrest, and bail can be set during their arraignment.
Choose the Best Type of Bail Bond for You
Selecting the appropriate type of bail bond can make a significant difference in how smoothly the process goes. Affordabail is a locally owned and operated bail bond company serving communities across Louisiana, with multiple office locations throughout the state. With more than 20 years of experience, we are available around the clock and approach every case with respect, guided by the belief that everyone deserves to be treated fairly.
We handle all transactions securely and work quickly to complete the necessary paperwork without delays. Our priority is helping you or your loved one get released as soon as possible while keeping the process straightforward and easy to navigate. With knowledgeable support at every step, we aim to take the stress out of securing bail. Flexible payment plans are also available to help make the cost more manageable.
For more details on the types of bail bonds we offer, and to get started, call any of our locations, or fill out an online form.
