When someone is charged with a new criminal offense, as opposed to a violation of probation or an ICE hold, a judge will typically set a bond. The posting of the bond allows the person charged with a criminal offense to exit the jail and wait at home during the pendency of the case. Because of the large number of individuals who choose not to address their addictions or desire for fast money or other dysfunctions in their relationships, it takes time for the person arrested on new criminal charges to have his/her case heard by a jury. Bond allows the person able to make bond to continue with his/her life, work or family commitments while the case gets ready for jury trial. IF it were possible to have a person arrested on a new criminal offense tried by a jury three days after arrest, there would be no need for bond hearings and posting bonds.
Although the concepts of bonds and bail are used interchangeably, they are different things. A bond is a contract. It is a promise to do or not do something. When an accused signs a bond before leaving the jail, he/she is typically posting something of value (i.e. property, cash), as a promise that he/she will return to court as directed AND will abide by the conditions of bond, which may include no alcohol, stay-away from a particular person, etc. IF the person fails to appear in court as directed, the bond can be forfeited. Conversely, bail represents a number. It is the amount on the bond that a person must post in order to get out of jail during the pendency of the case. There are many people in jail with bail. They have a number which will allow them to get out of jail, but they are unable to post the property or cash or get a bondsman to assist them.
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