Understanding Bail Bond Terms
Arraignment
Pronunciation: /ə-ˈrān-mənt/
Origin: Late Middle English, from Old French “araisnier,” meaning “to call to account.”
Definition: The first formal appearance in court where the defendant is officially charged with a crime and asked to enter a plea of guilty or not guilty.
Sentence: “During the arraignment, the judge set bail and scheduled the next court date.”
Bail
Pronunciation: /bāl/
Origin: Middle English, from Old French “baillier” meaning “to take charge, control,” and ultimately from Latin “baiulare” meaning “to bear a burden.”
Definition: A set amount of money or property that a defendant must pay to be released from custody until their court date. Bail acts as a guarantee that the defendant will appear in court when required.
Sentence: “The judge set the bail at $10,000, which the defendant’s family paid to secure his release.”
Bail Bond
Pronunciation: /bāl bänd/
Origin: “Bail” from Middle English, and “bond” from Middle English “band” meaning “something that binds.”
Definition: A financial agreement made between a bail bond company, the court, and a defendant. The bail bond company agrees to pay the full bail amount if the defendant fails to appear in court.
Sentence: “She couldn’t afford the full bail, so she contacted a bail bond company to post a bail bond on her behalf.”
Bail Bondsman
Pronunciation: /bāl bändz-mən/
Origin: “Bail” from Middle English, and “bondsman” meaning a person who stands surety for another.
Definition: A licensed individual or company that provides bail bonds to defendants, guaranteeing their appearance in court. The bondsman charges a non-refundable fee, typically a percentage of the total bail amount.
Sentence: “The bail bondsman charged a 10% fee to post the bail bond for her release.”
Bail Condition
Pronunciation: /bāl kənˈdiSHən/
Origin: “Bail” from Middle English, and “condition” from Latin “conditio,” meaning “agreement.”
Definition: Specific requirements set by the court that a defendant must follow while out on bail, such as attending court dates or not contacting certain individuals.
Sentence: “One bail condition was that the defendant had to surrender his passport to the court.”
Bail Reform
Pronunciation: /bāl riˈfôrm/
Origin: “Bail” from Middle English, and “reform” from Old French “reformer,” meaning “to change.”
Definition: Legal changes aimed at improving the bail system, often focused on reducing reliance on cash bail and promoting fairness in pretrial release decisions.
Sentence: “Bail reform efforts are underway to reduce the number of people held in jail simply because they can’t afford bail.”
Bail Schedule
Pronunciation: /bāl ˈskej-ool/
Origin: “Bail” from Middle English, and “schedule” from Latin “schedula,” meaning “slip of paper.”
Definition: A list used by courts to determine the amount of bail for specific charges, often based on the severity of the crime.
Sentence: “The judge referred to the bail schedule to determine the appropriate bail amount for the offense.”
Bench Warrant
Pronunciation: /benCH ˈwôr-ənt/
Origin: “Bench,” referring to the seat of a judge, from Middle English “benc,” and “warrant” from Old North French “warant” meaning “protector, defense.”
Definition: A warrant issued by a judge for the arrest of a person who has failed to appear in court or comply with a court order.
Sentence: “A bench warrant was issued after the defendant missed his court date, putting his bail bond at risk.”
Cash Bail
Pronunciation: /kaSH bāl/
Origin: “Cash” from Latin “cassa,” meaning “money box,” and “bail” from Middle English.
Definition: The full amount of bail paid in cash to the court to secure the release of a defendant.
Sentence: “She paid the cash bail in full to avoid dealing with a bail bondsman.”
Collateral
Pronunciation: /kə-ˈla-tə-rəl/
Origin: Late Middle English, from Medieval Latin “collateralis,” meaning “together with.”
Definition: Property or assets offered by the defendant or a co-signer to secure the bail bond. If the defendant fails to appear in court, the collateral may be forfeited to cover the bail amount.
Sentence: “He had to put up his car as collateral to secure the bail bond.”
Co-signer
Pronunciation: /kə-ˈla-tə-rəl/
Origin: Late Middle English, from Medieval Latin “collateralis,” meaning “together with.”
Definition: Property or assets offered by the defendant or a co-signer to secure the bail bond. If the defendant fails to appear in court, the collateral may be forfeited to cover the bail amount.
Sentence: “He had to put up his car as collateral to secure the bail bond.”
Court Order
Pronunciation: /kôrt ˈôrdər/
Origin: “Court” from Latin “cohors,” meaning “enclosure,” and “order” from Latin “ordinare,” meaning “to arrange.”
Definition: A legal directive issued by a judge that requires a person to do or refrain from doing something.
Sentence: “The judge issued a court order for the defendant to remain in the state until the trial.”
Defendant
Pronunciation: /dɪˈfendənt/
Origin: Middle English, from Old French “defendre,” meaning “to defend.”
Definition: An individual who is accused of a crime and is facing legal proceedings. The defendant may be released on bail while awaiting trial.
Sentence: “The defendant appeared in court as required, avoiding forfeiture of the bail bond.”
Exoneration
Pronunciation: /ig-ˌzä-nə-ˈrā-shən/
Origin: Late Latin “exonerationem,” meaning “a disburdening, discharge.”
Definition: The release of a defendant from a bail bond obligation when they have fulfilled the conditions of the bond, typically by appearing in court as required.
Sentence: “Upon the defendant’s appearance in court, the judge ordered the exoneration of the bail bond.”
Forfeiture
Pronunciation: /ˈfôr-fə-ˌchər/
Origin: Late Middle English, from Old French “forfaiture,” meaning “a crime or offense.”
Definition: The loss of money or property due to a breach of legal obligation, such as failing to appear in court after being released on bail.
Sentence: “Failure to appear in court will result in the forfeiture of the bail bond.”
Fugitive Recovery
Pronunciation: /ˈfyo͞o-jə-tiv ri-ˈkəv-(ə-)rē/
Origin: “Fugitive” from Latin “fugitivus,” meaning “one who flees,” and “recovery” from Old French “recoverer.”
Definition: The process of locating and apprehending a defendant who has skipped bail and failed to appear in court.
Sentence: “Fugitive recovery is often carried out by bounty hunters working for bail bondsmen.”
Jump Bail
Pronunciation: /jəmp bāl/
Origin: “Jump” from Middle English “jumpe,” and “bail” from Middle English.
Definition: To fail to appear in court after being released on bail, leading to the issuance of a bench warrant.
Sentence: “If you jump bail, you’ll be facing additional charges and a possible bond forfeiture.”
Obligation
Pronunciation: /ˌäbləˈɡāSHən/
Origin: Latin “obligatio,” meaning “a binding.”
Definition: A legal or moral duty to do something, such as appearing in court as required when released on bail.
Sentence: “The defendant has an obligation to attend all court hearings as part of the bail agreement.”
Premium
Pronunciation: /ˈpri-mē-əm/
Origin: Late Middle English, from Latin “praemium,” meaning “reward, prize.”
Definition: The non-refundable fee paid to a bail bondsman for providing a bail bond. This fee is usually a percentage of the total bail amount, typically around 10%.
Sentence: “She paid a $1,000 premium to the bail bondsman for the $10,000 bail bond.”
Recognizance
Pronunciation: /rəˈkäɡnəzəns/
Origin: Middle English, from Old French “reconnissance,” meaning “acknowledgment.”
Definition: A promise made by the defendant to the court to appear for all scheduled proceedings without the need for bail. This is often referred to as being released on one’s own recognizance (O.R.).
Sentence: “The judge released her on her own recognizance, trusting that she would return for her trial date.”
Revocation
Pronunciation: /ˌrevəˈkāSHən/
Origin: Late Latin “revocatio,” meaning “a calling back.”
Definition: The cancellation or withdrawal of bail, typically due to the defendant violating bail conditions.
Sentence: “The judge ordered the revocation of bail after the defendant was arrested for another crime.”
Skipper
Pronunciation: /ˈskipər/
Origin: Middle Dutch “schipper,” meaning “ship’s master.”
Definition: A defendant who fails to appear in court after being released on bail.
Sentence: “The defendant became a skipper when he didn’t show up for his trial, prompting the bondsman to take action.”
Surety
Pronunciation: /ˈSHo͝orədē/
Origin: Middle English, from Old French “surté,” meaning “assurance, certainty,” derived from Latin “securitas.”
Definition: A person or entity that takes responsibility for another’s performance of an obligation, such as appearing in court. In the context of bail, the surety is the bail bond company that guarantees the defendant’s appearance.
Sentence: “The surety agreed to post bail, ensuring that the defendant would return to court for trial.”
Surety Bond
Pronunciation: /ˈSHo͝orədē bänd/
Origin: “Surety” from Middle English “surté,” and “bond” from Middle English “band.”
Definition: A type of bail bond provided by a bail bondsman, where the bondsman acts as the surety, guaranteeing the defendant’s appearance in court.
Sentence: “The defendant secured a surety bond through a licensed bail bondsman.”