Criminal Law

What is a bond in a criminal case?

A bond in a criminal case is an assurance a defendant gives the state promising to come to court when instructed. Most times, the state requires more than just the defendant’s promise to come to court. When no money is required to back up the promise to come to court, the bond is called a personal recognizance bond (or a “PR” bond). If money is required by the state to back up the promise to come to court, it is called a surety bond.

All defendants are entitled to a bond. Bonds are set by magistrates most times, but in most serious cases, bonds are set by circuit court judges. Just because a defendant is entitled to a bond, does not mean everyone gets out of jail. For a serious charge, the judge may set the bond so high that the defendant can’t come up with enough money to get out of jail, and he must then wait in jail until his case is settled.

If the defendant does have to post money to get out of jail, the money is returned to him after the case is settled and he has not missed a court date. If the defendant misses a court date, the money for the bond can be forfeited and the defendant returned to jail. If anyone has questions about a bond, feel free to call my office or email me.

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2 Responses to “What is a bond in a criminal case?”

  1. sherry

    hi:
    i have a bond criminal case, and i have to go to the court on the 17th of December.
    i was arrested because of i go into the ” do not enter ” and did not pull over right when the policeman flashed the blue lights on me , and then i was caught to the police station, after that, they ask me to give them 40 dollars and i got out . they say i must appear on the court on the 17th of December.
    i just want to know how long the case will be and how much possibility that the court will charge me ?
    thanks !

    November 22nd, 2012 at 1:47 pm


  2. Meme

    How can someone get there money back from the bailbonds if the case was dismissed? The bailsbonds company said its non refundable.

    February 23rd, 2013 at 11:17 pm


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