Updated 31 January, 2023If a person gets arrested, this individual may be eligible for a temporary release from jail based on a bond. Two types of bonds are available: unsecured and secured. An unsecured or secured bond may be used to help a person get released from jail.
Barrios Virguez Attorneys is a Georgia law firm with legal experience in many areas. Our team can provide you with insights into unsecured and secured bonds, how they work, and the difference between them. Plus, we can answer common questions about unsecured and secured bonds.
What Is a Bond?
A bond is a written agreement in which a person states a specific act will be performed. If a person does not follow through on the agreement, this individual can lose money. Or, the individual can face legal consequences.
In the legal system, a bond is used to verify that a person will appear in court after an arrest. For example, an individual can pay a bond and promise to appear in court at a later date. If this individual shows up in court as planned, there are no penalties due to a violation of the terms of their bond.
Unsecured and secured bonds may be offered in different types of cases. There are terms associated with any bond that is issued. If a person is deemed a threat to society, this individual may be ineligible for a bond and must remain in jail until their court date.
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What Is an Unsecured Bond?
An unsecured bond represents an obligation not backed by any assets. If you receive an unsecured bond, you can sign an agreement that you will appear in court following your arrest. If you do not appear in court per your bond agreement, you will be fined.
Unsecured bonds are considered “good faith” agreements. You may be eligible for an unsecured bond if you committed a minor crime. In addition, a court may be more inclined to offer you the option of an unsecured bond if you have no criminal history.
If you accept an unsecured bond, it is in your best interest to comply with its terms. Failure to do so can impact you down the line. Along with receiving a financial penalty, you may be less likely to be eligible for an unsecured bond in the future.
What Is a Secured Bond?
With a secured bond, an individual pays a fee after their arrest and agrees to appear in court. It is more common for a court to offer a secured bond than an unsecured one. This is due to the fact that a secured bond requires a person to pay cash or provide other assets as collateral.
If a person can make a payment or offer collateral after their arrest, only then can this individual get an unsecured bond. In some instances, a bail bondsman can post bail (the amount of money required to be released from custody) on behalf of a person as part of a secured bond. If this happens, a person is charged an additional fee by the bail bondsman on top of the amount of their bond.
The cost of a secured bond varies based on the crime. If a person can pay the bond on their own, this individual is eligible to do so but must comply with the terms of the agreement. On the other hand, a person can use a bail bondsman or ask a family member or friend to pay their secured bond.
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What Is the Difference Between a Bond and Bail?
Bonds and bail are closely related, but they refer to two different things. A bond is an agreement in which an individual is allowed to leave jail in exchange for agreeing to appear in court. Comparatively, bail is the compensation required to satisfy the financial terms of a bond.
A person can post bail to get bonded out of jail following an arrest. At this point, the person will need to appear in court at a specific date and time, per the terms of their bond. Depending on whether a person paid their bail on their own or asked for help to do so, this individual may need to repay a third party to cover the cost of their bond.
Those who get arrested and have concerns or questions about bonds and bail in Georgia should consult with an attorney. This allows an individual to get answers to any legal questions they have regarding bonds and bail. It ensures this individual can get legal insights and make informed decisions relating to their case, too.
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What Will Happen if You Use a Bail Bondsman to Cover the Cost of Your Bond?
A bail bondsman is a viable option for those who lack sufficient financial resources to cover the cost of a bond. The bondsman will make sure your bond is paid, ensuring you can get temporarily released from jail right away. From here, you can pay back the cost of your bond over time.
The terms of a bail bondsman agreement vary. As such, it is important to evaluate bail bondsman options carefully and choose one that instills confidence. It is also critical to ask questions and share any concerns before you reach an agreement with a bail bondsman.
If you agree to terms with a bail bondsman, do not violate your bond. If you do not comply with the terms of your bond, the bail bondsman is under no further obligation to protect you. This means you can be arrested once again and forced to remain in jail until your court date.
What Should You Do if You Get Arrested and Need Help with Unsecured and Secured Bonds?
At Barrios Virguez Attorneys, we can teach you about unsecured and secured bonds and many other legal topics. Our team is available to respond to your legal concerns and questions and will help you in any way we can. To learn more or request a consultation, please contact us today.
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