What Are the Different Types of Bail?

There are nine different forms of bail and the law requires that the judge give at least two ways of posting (paying) bail. The most frequently set forms of bail are cash and insurance company bonds. Other options include unsecured bonds (which don’t require any money up front) and partially secured bonds (which require some money to be paid to the court upfront, but is 100% refundable). Cash bail may be paid to the court clerk, at any correctional facility (jail) in the City, or online if it is eligible. Insurance company bonds, or “bail bonds”, are normally set in amounts higher than the cash bail amount, and require payment of a nonrefundable fee or premium in addition to the deposit of collateral, usually money or property to a bail bondsman. Bail can also be paid using a credit card at the courthouse, online, or at a kiosk in a correctional facility, but only if a judge has set “credit card bail.”

A bond is a financial agreement where one or more persons agrees to pay all or a portion of the bond amount to get a person released. It is a legal contract that requires the person who signs for the bond to pay the full bond amount if the accused fails to return to court. It is guaranteed by the assets of the person who posted it, such as real estate, cash, or valuable personal property. There are several types of bonds, but the most common is an insurance company bond which is posted by a bail bondsman. There are other types of bond available for a judge to use, and you should speak to the defense attorney if you believe one would be the right fit for you or a loved one:

• Insurance Company bond: A bond that is paid by a bail bond company. You will pay a non-refundable fee or premium and deposit collateral to the company, in exchange, the company will pay the court the bond amount with the promise that the accused will return to court.
• Surety bond: A bond that is paid by another person – often a friend or family member –to ensure that a accused returns to court. There are three types of surety bonds: secured, in which the person pays the full amount of the bond to the court; partially secured, in which the person pays percentage of the full amount; and unsecured, in which the person promises to pay the full amount, but does not pay any money up front. In all cases, if the accused does not appear in court, the person who puts up the bond may lose the money that was deposited and/or owe the court the balance.
• Appearance bond: A bond in which the accused is responsible for the bond amount. There are three types of appearance bonds: secured, in which the accused pays the full amount of the bond; partially secured, in which the accused pays a percentage of the full amount; and unsecured, in which the accused promises to pay the full amount but does not pay any money up front.