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Bail Bond Basics

Q: What is a bail bond and what does it do?

A: As United States citizens, we have an 8th Amendment right to bail. It would also be virtually impossible to keep each person accused of a crime behind bars until they are brought to trial. A bail bond or appearance bond is used to guarantee the appearance of a person charged with a crime to all of their court dates. It allows the accused to remain somewhat free in order to continue to support their family, keep their job and work to defend their case. Bail Bonds have been used for hundreds of years, dating back to the times of Elizabethan England, as the most effective method to ensure the appearance of a criminal defendant in court.

Q: In Ohio, who sets the bond and how does that person decide how much the bond will be?

A: Usually the bond is set by a judge or magistrate at the arraignment. Ohio judges have total discretion as to the amount and type of bond to be set. I have been told that setting bond can often be the most difficult decision a judge must make on a daily basis. There are three types of bond a judge or magistrate can choose from. They are: Personal Recognizance, 10% Deposit and Cash/Surety. Zero Down Bonds is a Cash/Surety Company.

Q: What is the difference between the three types on bond?

A: A Personal Recognizance bond is a simple promise to appear in court with no monetary commitment between the court and the person out on bond. Personal Recognizance bonds are usually used when there is absolutely no risk of the person skipping out on bond.

A 10% Deposit bond differs from a Personal Recognizance bond because you are required to give 10% of the set bond amount to the court. It is designed to be used for non-violent, first time offenders. If you skip court on a 10% Deposit bond, the court simply keeps the 10% given to the court and the remaining 90% of the bond is generally not collected from anyone.

A Cash/Surety bond means you must give the court the full amount of the bond in cash or you can go through a bonding company to guarantee the entire amount of the bond to the court. If you give the entire bond in cash to the court, you are entitled to get 100% of the money back from the court provided the defendant makes all the court dates. If you go through a bonding agency,such as Zero Down, the bonding agency provides the court with a bond to guarantee the defendant will make all their court dates. If the defendant skips court, the bonding agency will re-apprehend the defendant or pay the court the entire bond.

Q: If I go through a bonding agency to post a bond, what do I need?

A: There are different requirements depending on the amount of the bond and the charges involved. Generally speaking, the non-refundable, state regulated, bonding agency fee is 10% plus collateral or co-signers. Before a bonding company will post the bond, they must secure the bond to make sure the defendant will make all of their court dates. This is done by getting the family or friends involved to co-sign or put up collateral. If the defendant knows that his/her family has something to lose if they skip, the chances are they will make all court dates. Zero Down will accept 0% down payment on qualified applicants. We allow you to make payments on the balance between the moment of release and court date.

Q: How many people skip court if they were bonded out through a bonding agency?

A: Surprisingly few people skip when bonded out through a bonding agency. The typical fail-to-appear rate of a bonding agency is less than 3%. Most bonding agencies are successful in re-apprehending about 90% of those who skip! Most people are surprised by these low skip rates, especially since we typically bond out the highest risk (of skipping) defendants.

If you have any additional questions or comments on the topic of bail please do not hesitate to contact Zero Down. We can be reached anytime at 1 216-236-4435 or 216 385-1111 PO Box 323 Lorain OH 44052