What’s the Difference Between Bail & Bond?

The terms bail and bond are often used interchangeably, but they do not mean exactly the same thing.

What Is Bail?

Bail is part of the pretrial release process. Depending on the circumstances, a Washington court may release a person on personal recognizance, impose nonfinancial release conditions, require a financial bond, or use another form of release authorized by law.

In other words, bail is broader than simply an amount of money that must be paid.

For a more complete explanation, see What Is Bail in Washington State?

What Is a Bond?

A bond is a form of security or undertaking that may be used when the court requires one as a condition of release.

One option is a surety bail bond. When the court authorizes a surety bond, a properly licensed bail bond agent can arrange and post the bond required by the court.

Read What Is a Surety Bond? for more information about how that type of bond works.

Does Everyone Have to Post a Bond?

No. A person arrested in Washington does not automatically have to purchase or post a bail bond. Depending on the court’s decision, release may be allowed on personal recognizance or subject to other conditions.

The court determines the conditions of release. A bail bond agent becomes involved when a bond has been authorized and someone chooses to use a bail bond company to satisfy that requirement.

For an overview of what happens from booking through release, visit the Bail Bonds Process page.

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