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You’ll likely have heard of bail bonds. They’re what allow arrested individuals to return home while they wait for their court appearance. However, what you may not know is that there are different types of bail bonds, with some more favorable than others.
Surety bonds, which are the type that we deal with here at Future Bail Bonds, are a popular option since they allow people charged with a crime to return home without having to pay the full bail amount, which is often in the tens of thousands of dollars, themselves. Instead, they pay a percentage to the bail bond company — usually 10% — who then pays the bail value on their behalf.
Another much sought-after bail type is a recognizance bond, which allows arrested individuals to return home without paying a penny. In this post, we’ll answer the commonly-asked question, ‘What does personal recognizance bond mean?’ as well as provide information on how they are obtained.
Understanding Personal Recognizance Bonds
A person granted a personal recognizance bond will not have to pay money to return home while they await their trial. Technically, a bond value is set, but it only activates if the arrested person fails to turn up for one of their court appearances. If they miss a court appearance, they’re responsible for paying the full amount.
Given the high cost of traditional bail bonds, obtaining a personal recognizance bond can be advantageous. However, they’re difficult to get, and, in some cases, an individual eligible for a surety bond may prefer to exercise that option due to the increased demands of a recognizance bond.
Benefits of a Personal Recognizance Bond
Personal recognizance bonds offer a number of advantages over other types of persons. The main benefits are:
There’s No Cost
This is the biggest advantage of personal recognizance bonds. The average cost of a traditional bond in California is $50,000, which is beyond the financial means of most people. While a surety bond can help significantly in those cases, it’s much better to have a zero-cost bond. And that’s just what personal recognizance bonds offer.
Ability to Return Home
A person granted a recognizance bond can return home immediately, allowing them to maintain their work, family, and life commitments despite their arrest.
It May Indicate Favorable Viewing
Recognizance bonds aren’t given to everyone. You must be of good character and have importance in the community. Being granted a recognizance bond may indicate that sentencing, if found guilty, may be lenient.
Eligibility for a Personal Recognizance Bond
Personal recognizance bonds are relatively rare and are not an option for the majority of arrested individuals. The reason for that is that the individual must meet certain criteria, and even then, it’s not guaranteed. Being granted a personal recognizance bond is up to the discretion of the presiding judge. Some determining factors include:
- Non-violent, non-severe crime.
- Low flight risk.
- Age and health of the individual.
- Standing in the community.
- No criminal history.
How to Obtain a Personal Recognizance Bond
Most personal recognizance bonds are simply given once the individual’s circumstances and personal history have been taken into account. However, it’s also possible to apply for personal recognizance. Doing so involves actively writing to the judge outlining why the individual should be granted a personal recognizance bond.
Common Misconceptions About Personal Recognizance Bonds
While it’s easy to see the appeal of a personal recognizance bond, they’re far from perfect. They have a number of significant downsides that are worth keeping in mind.
They May Delay Release
An arrested individual’s goal is to leave jail as soon as possible. While a personal recognizance bond can eliminate the cost of leaving jail, it does generally have a negative impact on processing times. The paperwork required to grant a personal recognizance bond tends to take longer than surety bonds, for instance. Additionally, if the arrested individual intends to write to the judge asking for a personal recognizance bond, they’ll have to wait in jail until it’s granted or denied.
They’re Hard to Get
People assume that if their crime is non-serious and they have no criminal background, then they’ll be given a personal recognizance bond. But that’s not the case. Even individuals who meet all the criteria may be rejected because ultimately it comes down to the judge.
Factors Considered for Granting a Personal Recognizance Bond
A judge will consider a number of factors when deciding whether to grant a personal recognizance bond to an individual. Ultimately, the judge is looking to see whether the arrested individual is of good character.
Anyone who has been arrested before is unlikely to be granted a personal recognizance bond. The person should also have significant ties to the community (a home, work, friends and family), and be deemed to be of no threat to the community.
Personal Recognizance Bonds: A Safer Alternative to Cash Bail
Personal recognizance bonds offer significant advantages over paying a cash bail yourself. They’re safer in that they require no upfront capital. Paying the full bail amount with cash, however, could have consequences for an individual’s financial situation, since it’ll require an outlay of a significant sum of money, often in the tens of thousands of dollars.
Personal Recognizance Bonds vs. Surety Bonds: What's the Difference?
We’ve run through everything you need to know about personal recognizance bonds. Now, what about surety bonds? This is the most popular and common type of bail bond. With surety bonds, arrested individuals agree to pay a fixed sum — often 10% of the bail amount — to a bail bond company, which pays the bail amount on their behalf.
This option allows arrested individuals to return home without having to worry about covering the entire cost of the bail — which is frequently more money than they can afford — themselves.
Get in Touch with Future Bail Bonds Today
At Future Bail Bonds, we offer surety bail bonds in Santa Ana, California and the surrounding area. Available 24/7, 365 days a year, our experienced, expert team of bail bond agents are ready to get you or a loved one out of jail as soon as possible.