The words bail and bond are often used interchangeably but legally they have distinct meanings. Technically, the two terms have the same effect; a defendant is released from jail on a promise to appear secured by a financial backing. The difference in the terminology comes from the source of the financial backing.
Bail is the sum of money a person or the defendant pays in exchange for their temporary release from jail. The amount is forfeited if the defendant fails to appear at a mandated court date after their release. Bail is generally set in accordance with the crime, the criminal background of the defendant and the individual circumstances surrounding the incident. A defendant is entitled to a bail hearing where a judge may review the initial bail amount that is set and could lower, increase or eliminate the bail.
Bond, on the other hand, refers to when a bail bonds company pays bail. The defendant or their family will usually pay the bail bondsman a percentage of the overall bail amount. The bail company puts up the rest in exchange for the defendant’s release from custody. The bail company will then pursue the defendant if they become a fugitive by failing to appear in court. Some states allow a defendant to secure their release through a personal bond where they put their property up as collateral.
In some cases, you may hear that bail was set at a certain amount while bond was set at a higher amount. State laws differ slightly when it comes to posting bail or bond and what is allowed to secure temporary release from custody.