A common type of legal security for a defendant is bail. It consists of money and a surety bond. ROR and personal recognizance are additional options. The distinctions between each type of bail will be covered in this article. However, you may want to explore your options if you face criminal charges.
Cash bail
Cash bail is a bail bond where the defendant pays the bail amount. This type of bail is best suited for defendants who do not have enough money to pay for bail. The money will be returned to the defendant after the trial, and no long-term investment is required.
The use of cash bail has prompted reform efforts to eliminate it. In New York State, the law eliminated cash bail for some crimes, including most nonviolent felonies and two violent felonies. Judges must now set bail based on risk assessment and not on the defendant’s amount of money. However, cash bail remains controversial in some states. Some states have proposed legislation to end cash bail in Illinois. A similar initiative was passed in Philadelphia, which ended cash bail for low-level offenders. A study showed that the policy did not impact the rate of recidivism and court appearances.
Another option is a property bond. A property bond is an alternative to cash bail. Instead of paying the entire bail amount with cash, the poster can give the court property that has value. The court will return the property when the case is completed. Some courts prefer buildings and land as property bonds.
Surety bond
There are several bail bonds Lancaster County, PAs, but the most common is a surety bond. These bonds are purchased from bail bond companies, and the money is used to secure the release of the person arrested. The dollar value of bail is usually high, and most people cannot afford to pay it on their own. To avoid this, people purchase a surety bond. This bond ensures that the person will show up for all court dates. Failure to do so will result in the person being arrested.
Surety bonds are contractual agreements requiring the surety to pay a certain amount to the obligee. The obligee is usually a government agency but sometimes a commercial entity. Surety bonds help small contractors compete for government contracts. A surety bond requires the principal to sign an indemnity agreement, pledging company or personal assets in exchange for a certain amount. If the principal fails, the surety pays out the money, plus interest and fees.
Once you know what a surety bond is and what it entails, you will be better prepared to deal with situations where you need one. In addition, you can consult with an attorney to get more information and to learn about your legal rights and responsibilities as an obligee, principal, and surety.
Release on recognizance (ROR)
A release on recognizance (ROR) occurs when a court releases a defendant pending their next court date. This release allows the defendant to avoid paying bail or posting collateral. A person released on recognizance is guaranteed to appear in court on the scheduled date.
A defendant may be released on their recognizance (ROR) if they are not guilty of the charge. In these cases, the judge orders that the defendant check in with a supervising officer and obey court orders and rules. If the defendant fails to comply with these terms, they will face arrest.
Release on recognizance is the least expensive type of bail. Defendant does not have to post any money, and they may be able to pay the bond themselves. However, it is not always possible to avoid posting a bond. For this reason, release on recognizance is often preferred over posting bail.
Personal recognizance
Personal recognizance is a bail that requires a person to appear in court and abide by certain terms. This bail is a great option for first-time offenders or people with relatively minor offenses. Essentially, it’s like a no-fee bond that requires the offender to appear in court and not commit a crime while out on bail.
In Virginia, a person can be released on their recognizance for a criminal offense without posting money. However, they may face additional legal trouble and jail time if they fail to appear in court. Therefore, this bond is usually reserved for minor, nonviolent offenses.
The process for getting a PR bond differs from county to county. In Travis County, for example, the process for receiving a PR bond is the fastest in the state. If you need to get a PR bond, you can contact an attorney or Pretrial Services for assistance.