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Glossary of Bail Bonds Terms
Clear, plain-English definitions of the words used in bail, bonds and pretrial release. Each entry stands on its own, so it can be read, linked or cited individually.
57 terms
A
- Arraignment
- An arraignment is a defendant's first formal court appearance on a charge, where the charges are read, a plea is entered and the judge may set, change or confirm bail and release conditions.
- Related: Bail Hearing, Own Recognizance (OR) Release
- Arrest Warrant
- An arrest warrant is a court order authorizing law enforcement to take a named person into custody. In bail work, a new warrant often follows a missed court date and can lead to a bond forfeiture.
- Related: Bench Warrant, Failure to Appear (FTA)
B
- Bail
- Bail is the money or security a court requires to release a defendant from custody before trial, given as assurance that the person will return for every scheduled court date. It is not a fine or a penalty, and it is returned or released when the case ends if all conditions were met.
- Related: Bail Bond, Cash Bail, Exoneration
- Bail Agent
- Also called: Bail Bondsman, Bail Bond Agent, Bondsman
- A bail agent is a state-licensed professional who writes bail bonds on behalf of a surety company, guaranteeing a defendant's appearance in court in exchange for a premium. Many states use the terms bail agent, bail bondsman and bail bond agent interchangeably.
- Related: Surety, Power of Attorney (POA), PremiumFind a bail agent →
- Bail Bond
- Also called: Surety Bond
- A bail bond is a written financial guarantee, issued by a surety through a licensed bail agent, promising the court that the full bail amount will be paid if the defendant fails to appear. The defendant or a cosigner pays a non-refundable premium instead of posting the full bail in cash.
- Related: Premium, Indemnitor, Surety
- Bail Enforcement Agent
- Also called: Bail Recovery Agent, Fugitive Recovery Agent, Bounty Hunter
- A bail enforcement agent is a person who locates and returns defendants who have missed court while out on a bail bond. Licensing, training and permitted methods differ widely by state, and some states prohibit the role entirely.
- Related: Surrender, Skip, Failure to Appear (FTA)
- Bail Hearing
- A bail hearing is a court proceeding where a judge decides whether a defendant may be released before trial and on what terms, considering factors such as the charge, criminal history, ties to the community and risk of flight.
- Related: Arraignment, Bail Schedule, Release Conditions
- Bail Reduction
- A bail reduction is a court order lowering a previously set bail amount, usually after a motion by the defense arguing that the original amount is higher than necessary to secure the defendant's appearance.
- Related: Bail Hearing, Bail Schedule
- Bail Schedule
- A bail schedule is a preset list, usually adopted by a county's courts, that assigns a standard bail amount to common charges so a person can be released before seeing a judge. A judge can later raise, lower or deny bail regardless of the schedule.
- Related: Bail, Bail Hearing
- Bench Warrant
- A bench warrant is an arrest warrant issued by a judge, most often when a defendant fails to appear in court. On a bailed case, a bench warrant typically accompanies a forfeiture notice to the surety.
- Related: Failure to Appear (FTA), Forfeiture, Recall of Warrant
- Bond Exoneration
- Also called: Exoneration
- Bond exoneration is the court's formal release of the surety and bail agent from all liability on a bond, which happens when the case is resolved, dismissed, or the defendant is surrendered or sentenced. Collateral is returned after exoneration, but the premium is not.
- Related: Collateral, Premium, Surrender
- Bond Revocation
- Bond revocation is the cancellation of a defendant's release on bond, either by the court for violating conditions or by the surety surrendering the defendant back into custody.
- Related: Surrender, Release Conditions
- Booking
- Also called: Booking Number
- Booking is the jail intake process after an arrest, which usually includes recording personal information, fingerprints, a photograph and the charges. A bail bond generally cannot be posted until booking is complete and bail has been set.
- Related: Inmate Locator
C
- Cash Bail
- Also called: Cash Bond
- Cash bail is bail paid in full, in cash or certified funds, directly to the court or jail. It is generally refundable at the end of the case if the defendant made every appearance, though courts may deduct fines, fees or restitution.
- Related: Bail, Bail Bond
- Check-In
- A check-in is a scheduled contact a defendant makes with the bail agent, by phone, app or in person, as a condition of the bond agreement. Check-ins help the agent confirm address, employment and upcoming court dates.
- Related: Court Date, Release Conditions
- Collateral
- Collateral is property or money pledged to a bail agent to secure a bail bond, such as real estate, a vehicle title or a cash deposit. It is returned after the bond is exonerated, provided the indemnitor has met all obligations.
- Related: Deed of Trust, Indemnitor, Bond Exoneration
- Collateral Receipt
- A collateral receipt is a written record given to the person who pledges collateral, listing what was received, its stated value and the conditions for its return.
- Related: Collateral
- Cosigner
- Also called: Indemnitor
- A cosigner is the common name for the person who signs a bail bond agreement alongside or on behalf of a defendant and becomes financially responsible if the defendant fails to appear. The formal term is indemnitor.
- Related: Indemnitor, Indemnity Agreement
- Court Date
- A court date is any scheduled appearance a defendant must attend. Missing even one court date on a bailed case can trigger a bench warrant and a bond forfeiture.
- Related: Failure to Appear (FTA), Check-In
D
- Deed of Trust
- A deed of trust is a recorded document that places a lien on real estate pledged as bail collateral. It is reconveyed, or released, after the bond is exonerated and all amounts owed are paid.
- Related: Collateral, Property Bond
- Defendant
- Also called: Principal
- A defendant is a person formally charged with a crime. In bail work, the defendant is the person whose court appearance the bond guarantees.
- Related: Principal, Bail Bond
- Discharge
- Discharge is the end of the surety's obligation on a bond, used by some courts interchangeably with exoneration.
- Related: Bond Exoneration
E
- Electronic Monitoring
- Also called: Ankle Monitor, GPS Monitoring
- Electronic monitoring is a release condition requiring a defendant to wear a GPS or radio-frequency device that reports location or curfew compliance. It may be ordered by a court alongside or instead of a bail bond.
- Related: Release Conditions, Pretrial Services
- Exoneration
- Exoneration, in bail, means the bond has been released by the court and the surety no longer owes anything on it. It does not refer to the defendant's guilt or innocence.
- Related: Bond Exoneration
F
- Failure to Appear (FTA)
- Also called: FTA, No-Show
- A failure to appear is a defendant's absence from a required court date. An FTA typically results in a bench warrant, a bail forfeiture and, in many places, a separate criminal charge.
- Related: Bench Warrant, Forfeiture, Skip
- Federal Bail Bond
- A federal bail bond is a bond posted in a United States district court case. Federal courts follow the Bail Reform Act and often require additional collateral, financial disclosure and pretrial supervision compared with state cases.
- Related: Pretrial Services, Bail Hearing
- Forfeiture
- Also called: Bail Forfeiture, Bond Forfeiture
- A forfeiture is a court declaration that bail is lost because the defendant failed to appear. The surety is then given a set period, defined by state law, to return the defendant or show good cause before the forfeiture becomes a judgment.
- Related: Summary Judgment, Reinstatement, Exoneration
- Forfeiture Period
- Also called: Grace Period
- The forfeiture period is the window after a forfeiture during which the surety can locate and surrender the defendant, or have the forfeiture set aside, before owing the full bond amount. Its length varies by state.
- Related: Forfeiture, Summary Judgment
I
- Immigration Bond
- Also called: ICE Bond, Delivery Bond
- An immigration bond is a bond posted with U.S. Immigration and Customs Enforcement to release a person held in immigration detention while their case proceeds. It is a federal civil bond, separate from criminal bail.
- Related: Federal Bail Bond
- Indemnitor
- Also called: Cosigner, Guarantor
- An indemnitor is the person who signs a bail bond indemnity agreement and accepts financial responsibility for the full bond amount, plus recovery costs, if the defendant fails to appear. Indemnitors often pledge collateral and agree to help keep the defendant on track.
- Related: Indemnity Agreement, Collateral
- Indemnity Agreement
- An indemnity agreement is the contract between a bail agent and an indemnitor that spells out the indemnitor's financial obligations, the collateral pledged and the circumstances under which costs can be recovered.
- Related: Indemnitor, Premium Financing
- Inmate Locator
- An inmate locator is an online search tool, run by a jail, sheriff or prison system, that shows whether a person is in custody, where they are held, and often their booking number, charges and bail amount.
- Related: BookingCalifornia Inmate Locator →
J
- Jail Release
- Jail release is the final step after bail is posted, when the facility processes the paperwork and releases the defendant. Processing times vary from under an hour to many hours depending on the jail.
- Related: Booking, Posting Bail
- Judgment
- Also called: Summary Judgment
- In bail, a judgment is the court's final order requiring the surety to pay the forfeited bond amount after the forfeiture period expires without the defendant being returned or the forfeiture being vacated.
- Related: Forfeiture, Summary Judgment
M
- Motion to Vacate Forfeiture
- Also called: Motion to Set Aside
- A motion to vacate forfeiture is a request asking the court to set aside a bail forfeiture, usually because the defendant was returned, was in custody elsewhere, or had a valid reason for missing court.
- Related: Forfeiture, Reinstatement
N
- No Bail
- Also called: Held Without Bail, Remand
- No bail means a judge has ordered a defendant held without the option of release on bail, typically for certain serious charges or when the court finds no condition would assure safety or appearance.
- Related: Bail Hearing
O
- Own Recognizance (OR) Release
- Also called: OR, ROR, Release on Recognizance
- Own recognizance release is pretrial release without any bail payment, based on the defendant's written promise to return to court. Courts may still attach conditions such as check-ins or travel limits.
- Related: Pretrial Services, Release Conditions
P
- Posting Bail
- Posting bail is the act of submitting cash, property or a bail bond to the court or jail so a defendant can be released.
- Related: Bail Bond, Jail Release
- Power of Attorney (POA)
- Also called: POA, Bail Power
- A power of attorney in bail is a numbered document issued by a surety company that authorizes a bail agent to bind the surety on a single bond up to a stated amount. It is filed with the court along with the bond.
- Related: Surety, Bail Agent
- Pretrial Detention
- Pretrial detention is the holding of a defendant in custody before trial, either because bail was denied or because the defendant has not posted the bail that was set.
- Related: No Bail, Bail
- Pretrial Services
- Also called: Pretrial Release
- Pretrial services are court or county programs that assess defendants for release and supervise those released before trial through check-ins, reminders, drug testing or monitoring.
- Related: Own Recognizance (OR) Release, Electronic Monitoring
- Principal
- In a bail bond, the principal is the defendant — the person whose appearance the surety guarantees.
- Related: Defendant
- Property Bond
- Also called: Real Property Bond
- A property bond is bail secured by real estate pledged directly to the court rather than through a commercial surety. It usually requires an appraisal, proof of equity and a recorded lien.
- Related: Deed of Trust, Collateral
R
- Rebating
- Rebating is giving back part of a bail premium or offering an improper inducement to win business. Many states prohibit it to keep premium rates uniform and prevent unfair competition.
- Related: Premium Rate
- Recall of Warrant
- A recall of warrant is a court order cancelling an outstanding bench warrant, often after the defendant voluntarily appears or the agent arranges a new court date.
- Related: Bench Warrant, Reinstatement
- Reinstatement
- Reinstatement is a court order putting a forfeited bond back in effect, allowing the defendant to stay out of custody under the original bond after a missed appearance, usually with the surety's consent.
- Related: Forfeiture, Motion to Vacate Forfeiture
- Release Conditions
- Release conditions are the rules a defendant must follow while out of custody before trial, such as no-contact orders, travel limits, drug testing or curfews. Violating them can lead to arrest and bond revocation.
- Related: Bond Revocation, Electronic Monitoring
S
- Skip
- Also called: Bail Jumper, Bail Skip
- A skip is industry shorthand for a defendant who has failed to appear in court and cannot be readily reached.
- Related: Failure to Appear (FTA), Skip Tracing
- Skip Tracing
- Skip tracing is the investigative work of locating a defendant who has missed court, using public records, databases, social media and interviews with contacts and indemnitors.
- Related: Skip, Bail Enforcement Agent
- Summary Judgment
- Summary judgment, in bail, is the court's order entering the forfeited bond amount as a debt owed by the surety once the forfeiture period ends without the forfeiture being set aside.
- Related: Judgment, Forfeiture Period
- Surety
- Also called: Surety Company, Bail Surety
- A surety is the insurance or bonding company that financially backs a bail bond and is ultimately liable to the court for the full amount if the defendant fails to appear. The bail agent acts as the surety's licensed representative.
- Related: Power of Attorney (POA), Bail AgentBail bond sureties →
- Surrender
- Also called: Bond Surrender, Remand to Custody
- Surrender is the return of a defendant into custody by the bail agent or surety, which ends the surety's liability on that bond. Surrenders may follow a missed court date, a breach of the bond agreement or a cosigner's request to withdraw.
- Related: Bond Revocation, Bond Exoneration
T
- Transfer Bond
- Also called: Out-of-Area Bond
- A transfer bond is a bail bond written by an agent in one area on behalf of a defendant held in another jurisdiction, with a local agent posting it at the jail. It usually carries an added fee for the posting agent.
- Related: Bail Agent, Posting Bail
W
- Writ
- A writ in bail work is a court order, such as a writ of habeas corpus, used to bring a defendant before the court or challenge the lawfulness of their detention.
- Related: Bail Hearing