What Is the Difference Between Bail and Bond?
If you or a loved one has been arrested, you must understand how bail and bond work. If that sounds complicated, don't worry. At Smiley Bail Bonds, we are here to help.
Our team of professional bail bondsmen has spent over two decades helping people in Tennessee regain their freedom. We serve clients in Nashville, Lebanon, Gallatin, Murfreesboro, Manchester, Brentwood, Franklin, Dickson, Lewisburg, Lynchburg, Jackson, Memphis, Chattanooga, and Knoxville.
Our family-owned business provides fast, reliable, and trustworthy service when you need it the most. We’re here to simplify things, answer your questions, and walk you through the process. You don’t have to face this alone, and when you need someone to count on, we're ready.
Understanding Bail and Bond
Although "bail" and "bond" are often used interchangeably, they’re not quite the same. Knowing the difference can help you make informed choices when dealing with the legal system.
What Is Bail?
Bail is the amount of money a defendant must pay to the court to get out of jail while waiting for their trial. Essentially, it’s a financial agreement between the defendant and the court that allows temporary release. The purpose of bail is to ensure the defendant returns for their court dates.
The judge typically sets the bail amount based on factors such as the severity of the charges, the defendant’s criminal history, and whether they pose a flight risk. Bail can range from a few hundred dollars to hundreds of thousands or even more, depending on the case.
If the defendant cannot afford the bail amount set by the court, they may seek assistance from a bail bondsman, who provides a loan in exchange for a fee.
Alternatively, some jurisdictions offer bail schedules or conditions that allow defendants to be released on their own recognizance, meaning no monetary payment is required.
What Is a Bond?
A bond, on the other hand, is an alternative to covering the full bail amount upfront. If someone cannot afford bail, they can turn to a bail bondsman for help.
A bond is a guarantee from the bail bonds agency that the defendant will show up to court. If the defendant fails to appear, the bail bondsman is responsible for paying the entire amount. The bondsman typically charges a non-refundable fee for this service, usually a percentage of the total bail amount.
This option can make it more accessible for defendants to secure their release while awaiting trial. However, the defendant or their co-signer may also need to provide collateral to secure the bond, so the bondsman is protected if the defendant does not fulfill their obligations.
There are two types of bonds:
Surety bonds: These are the most common and involve a bail bondsman paying the bail amount on behalf of the defendant. The defendant (or their family) usually pays the bondsman a non-refundable percentage of the bail amount, usually around 10–15%.
Cash bonds: If someone can afford it, they may pay the full bail amount directly to the court. This amount is refundable once the case is resolved, as long as the defendant attends every required appearance.
Tennessee Laws Governing Bail and Bond
Tennessee has unique laws for setting and securing bail. First, every defendant has the constitutional right to bail unless accused of a capital offense or deemed a threat to public safety. This is guaranteed under the Tennessee Constitution so that most people arrested in the state can secure release before trial.
Tennessee judges have some discretion when setting bail amounts. Still, mandatory factors—including the nature of the criminal offense, the defendant’s ties to the community, and their likelihood of returning to court—are considered. Judges may also impose additional terms of release, such as travel restrictions or no-contact orders.
A defendant failing to appear in a Tennessee court is classified as an offense called “jumping bail.” This could result in additional legal penalties and an inability to use a bond for future arrests. Bondsmen who fail to locate a defendant who jumps bail must forfeit the full bond amount to the court.
Why Work with Smiley Bail Bonds?
The bail process can be intimidating and near impossible to tackle on your own, particularly when you must come up with a high bail amount. In this situation, we are your ally. With a fee that’s only a fraction of the total bail, you get professional support, quicker release, and peace of mind.
We connect with our clients on a personal level. Difficult times like these require more than just a quick solution—it takes trust, understanding, and reliability.
Bail Bondsmen in Nashville, Tennessee
For over 20 years, Smiley Bail Bonds has been a trusted name in Tennessee. Our family-owned company provides quick and dependable service, standing by our clients until their case is resolved. With us, you get a compassionate and professional team to guide you.
Call today to learn why you should depend on Smiley Bail Bonds for bail bonds in Nashville, Lebanon, Gallatin, Murfreesboro, Manchester, Brentwood, Franklin, Dickson, Lewisburg, Lynchburg, Jackson, Memphis, Chattanooga, and Knoxville.