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Bail vs. Bond – What Is The Difference?

April 5, 2022

If someone you know has been arrested and needs to get out of jail, you might be wondering about the difference between bail and bond.

Knowing the difference between these terms is certainly important, as the more knowledgeable you are about the legal system and how it works, the better off you will be if you ever need to get someone out of a Memphis jail facility.

What confuses many people about these terms is that they are often used interchangeably, so you might hear someone say that they have posted bail and then a moment later say they have posted bond.

What Bail and Bond Mean

Although these terms are used together frequently, posting bail usually means that you are paying your bail amount in cash.

Posting bond, on the other hand, usually implies that your preferred bail bond company has posted bond on your behalf, but it can also mean that you have posted a cash bond.

We hope this clears up the subject for you. If you have any other questions about posting bail, getting a bond, what a bail bond premium is, setting up a flexible payment plan, or any other concern, contact us today at (901) 523-2245.

We have years of experience helping people get released from jail facilities in Memphis, TN, and we are sure we can help you too.

What Is The Purpose of Bail?

Some people may have the impression that bail is a punishment, but this is not the case. Instead of being a punishment, bail acts as a guarantee to the court that the defendant will abide by the conditions of their release.

This provides an incentive to the defendant to act responsibly and helps ease the burden on the legal system, as it reduces the likelihood that the defendant will skip bail.

When a person skips bail, it forces the court to track them down, which is a costly and time-consuming process.

As you have probably surmised, bail is a form of collateral and is a powerful motivator. Some people may show up for court simply because they want their bail money back.

What Happens During A Bail Hearing? 

After a person has been arrested, a bail hearing will take place, during which a judge will set their bail amount along with the conditions of their release.

How strict the conditions are hinges on many factors, including the nature of the crime, why it was committed, the defendant’s reputation, the likelihood that they will commit further crimes, and more.

If a person poses a considerable risk to the community or is a flight risk, the judge may deny their bail altogether.

On the flip side, judges may release a defendant on their Own Recognizance if they have exemplary character and are unlikely to commit further crimes.

Getting released on OR means that the defendant does not have to pay bail.

How To Get An Affordable Bail Bond?

Getting bail can be difficult for defendants who do not have the money to either pay their full bail amount or pay their bail bond premium.

Fortunately, we offer flexible payment plans designed to fit your budget. Our plans mean you will not have to pay the full amount of your bail bond premium upfront.

Note: The amount of a bail bond premium in Memphis, TN, is usually 10% of the total bail amount, meaning if your bail amount is $10,000, your bail bond premium will be $1,000.

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