Dave's ESL Cafe's Student Discussion Forums

[BMO]

He is being held on $200,000 bond.

Is he out of the jail or in the jail?

Thanks.

[iitimone7]

he is in jail, but if he or someone that he knows (family, friends...) can pay $200,000 then he can get out of jail until his trial.

once he's out of jail, if he receives a traffic ticket or stopped by the police for any reason other than a broked tail light on his car, he goes back to jail with no bond (no way that he can get out) until trial. iitimone7

[CP]

A related term is "bail." The judge sets bail for the person, an amount that the person must give to the court, to be forfeited if he does not come back for the next hearing. The judge can set bail at zero, letting the person out on his own recognizance -- on his word that he'll return for the next hearing. The more serious the charge, and the less likely the judge thinks the accused is to return to court, the higher the bail.

The defendant (or his relative) posts a bond by going to a bail bondsman. If bail is $200,000, the bail bondsman will usually want 10%, $20,000, for the bond, and he will be responsible to pay the court $200,000 if the accused does not appear in court.
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You live a new life for every new language you speak. -Czech proverb

[BMO]

Thank you both. If the accused failed to show up for the next hearing, the family lost the $20,000, and the bondsman lost $180,000?

If the family paid the $200,000 without going through a bondsman, the family lost the $200,000? If the accused did show up, the family gets the $200,000 back from the court?


Another term, he was held in lieu of a $200,000 bond. Is he out of jail or in jail? How do you say it when he is actually out of jail after someone posted a bond for him?

[CP]

"If the family paid the $200,000 without going through a bondsman, the family lost the $200,000? If the accused did show up, the family gets the $200,000 back from the court?"

I believe most courts want a bond for the amount, not the cash, but for small amounts of bail they can take cash. The entire amount of bail set by the court, whether in a bond or posted in cash, is forfeited if the accused fails to appear; it is refunded (or the bond is simply canceled) once he appears.

Most bail bondsmen want the bond secured by something of value, like real estate or a valuable painting. If the bond pays out, the bondsman can sell the property to get reimbursed. The bondsman keeps the premium paid for the bond at the outset no matter what.


"Another term, he was held in lieu of a $200,000 bond. Is he out of jail or in jail? How do you say it when he is actually out of jail after someone posted a bond for him?"

The prisoner is held until the bond is posted. "In lieu of" ordinarily means "in place of"; "held in lieu of bond" is the standard term used to communicate that the prisoner is in custody until the bond is posted.

Once the bond is posted and the accused is released, he is "out on bail." He has been "bailed out" by a friend or relative.

Now if you get a call late at night, and your friend or relative asks you to come bail him out, you will know what he means.

One other thing: Sometimes the fine for a traffic violation is also called the bail. You drive too fast or run a red light, and the policeman gives you a citation / ticket. You can pay the fine / bail or you can show up in court to contest the citation. If you lose, the judge sets the fine / bail amount and gives you a deadline to pay it. If you don't pay it, you could be arrested and end up calling a friend or relative to come bail you out.

It's the circle of life.
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You live a new life for every new language you speak. -Czech proverb

[BMO]

Thanks CP.

When the accused jumped the bail, the bondsman can sell the property that was used to secure the bond to recover his cost. So the bondsman doesn't lose anything, does he? That is a very good business. As a minimum, he gets 10% of the bond amount no matter what.

[CP]

Bond sureties, unlike insurers, are always entitled to charge a premium for the bond and to be reimbursed by the principal for any payment made from the bond. Insurers guarantee to pay if the covered event occurs, without charge to the insured. Bond sureties guarantee to pay, but on condition that they be repaid. It's sort of like a loan in that way.

The only way for the principal to avoid paying the surety when bond proceeds are disbursed is to declare bankruptcy and have the debt discharged (forgiven / wiped out) by the bankruptcy court.
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You live a new life for every new language you speak. -Czech proverb