Many people ask what is the difference between Bail VS Bond, the difference between the two is very small yet they both share the same purpose in gaining a defendants release from jail while awaiting their trial. There are many factors that come into play in determining a defendants bail amount. In some cases the bail amount is determined by the judge. Once the bail is set the defendant has the option of using either a Bail Bondsman or paying the full bail amount in cash. If the defendant or his/her family post the full bail amount to gain the defendants release this would be considered as utilizing a cash bond. The money put up by the defendant or family will be held until the case has a final disposition. Once the case is over and disposition has been determined; then the bail amount put up will be returned to the depositor, however all court cost and fees will be taken out of this amount before returning the money to the depositor.
Most people do not have the option to be able to post the full bail amount on their own. This is where the term bond comes into play. If a defendant cannot pay the full bail amount by themselves they can utilize a bail bondsman. The bail bondsman will put up the full amount for the defendant for a fee. In Florida, and Manatee, Sarasota County that fee is 10% of the bail. For example, if the bail amount is set at $10,000 the defendant or family would only have to pay $1,000 to secure his/her release from jail, in which case would be defined as using a "bail Bond". The Bail bondsman is responsible for the defendant to appear at all necessary court dates. The Bail Bondsman pledges to the court that he/she will be responsible for making sure that the defendant appears for their court dates or the money that was pledged to secure the defendants release now becomes forfeited and the full amount of the bond must be paid. In Florida the person responsible to pay this amount would be the indemnitor who signed for the defendant to be released from jail. If any collateral was put up by the indemnitor that collateral will at this point be converted to pay the full amount. A new bench warrant will be issued for the defendant and the bail bondsman or his/her agents will also be searching for the defendant during this time to re-arrest the defendant and to place back into the custody of the court.
To conclude this article, those that secure their release by paying the full bail amount by themselves or family are "bailed out" and those that seek the assistance of a bail bondsman by paying a 10% fee are "bonded out"