Have you ever wondered what it means when someone is released on a signature bond? Keep reading to understand this common and often confusing term.
A bond, known as a recognizance or signature bond, is a promise made by a defendant in a criminal case to appear in court for all their related court dates. This promise is legally binding. Rather than posting cash or collateral to be released pre-trial like with other types of bonds, the defendant simply signs paperwork vowing to show up to court.
What Exactly is a Signature Bond?
In its most basic definition, a signature bond is the defendant's written pledge to appear in court when they promise to. Here are some key things to know:
Legal Definition and How it Works
A signature bond is an unsecured bond where the defendant does not have to deposit any money or property with the court to be released. Instead, they sign their name to a bond promising they will return for their court dates. If they fulfill this obligation, they do not forfeit anything. However, if they fail to appear, a warrant may be issued for their arrest, and their release status could be revoked.
Compared to Cash Bonds and Surety Bonds
Signature bonds differ from cash and surety bonds (posted through a bail bond agent), where collateral must be provided. With a cash bond, the defendant or a loved one directly pays the full bail amount to the court. The money is returned at the end of the trial, provided all court dates are made. With a surety bond, a bail bondsman posts a bond with the court and charges the defendant a non-refundable fee.
Signature bonds require no upfront payment, making them a more affordable form of pre-trial release.
Why Do Judges Approve Signature Bonds?
There are several potential benefits to allowing defendants out on signature bonds:
Allows the Defendant to Prepare Their Defense
Being released pre-trial allows the accused to meet with their attorney and fully participate in building their legal defense. It also allows them to gather statements, documents, or other evidence helpful to their case.
Upholds Presumption of Innocence
Signature bonds align with the legal principle that defendants are innocent until proven guilty. Incarcerating someone before they have been convicted could unfairly disrupt their life and livelihood if they are later acquitted.
Reduces Jail Overcrowding
Releasing appropriate defendants on signature bonds eases the burden on overpopulated jails and reduces costs to taxpayers. Assigning resources and space to individuals with a safety risk is possible.
What are the Drawbacks of Signature Bonds?
While signature bonds provide benefits in many cases, judges must weigh certain factors that make them inappropriate at times:
Risk the Defendant Won't Appear
The main risk of releasing someone on a signature bond is that they skip town and don't attend court dates. This is more likely with defendants lacking local community ties through family, employment, or long-term residence.
Certain Crimes or Defendants are Unsuitable
Judges typically deny signature bonds to defendants with a high risk of recidivism, prior failures to appear, or those accused of grave crimes like murder. Such cases call for higher accountability measures through cash bonds or monitoring.
What Does it Take to Qualify for a Signature Bond?
While each judge makes bond decisions on a case-by-case basis, typical requirements include:
Judicial Discretion and Approval
It is the responsibility of the judge in charge to determine if a defendant is eligible for a signature bond or not. This decision accounts for arguments from both the prosecution and defense attorneys.
Signed Promise to Appear
The defendant must sign legal paperwork vowing that they will attend all court dates related to their criminal charges. Any violation of this agreement has legal consequences.
Responsibility Lies with the Signer
While family members often help post cash or surety bonds, the responsibility with a signature bond lies entirely with the defendants themselves. No one else risks financial loss or legal trouble if the signer fails to appear.
FAQs
What is the difference between a signature bond and a cash bond?
To be released, a defendant must pay the full bail amount set by the judge to the court if they opt for a cash bond. On the other hand, if they choose a signature bond, they only need to provide a signed promise that they will appear.
What happens if you violate a signature bond?
A warrant may be issued for their arrest if the defendant fails to show up for a court date after being released on a signature bond. They can be charged with contempt of court or bail jumping.
Can you get a signature bond for any crime?
Signature bonds are only granted for non-violent, low-level crimes based on criminal history, flight risk, and a defendant's community ties. Judges have discretion over what charges are eligible.
How do I apply for a signature bond?
You don't have to apply. The judge automatically considers your eligibility for different bond types, including signature bonds, during your bail hearing shortly after booking. Your attorney can argue for a signature bond if appropriate.
Conclusion
In review, a signature bond allows pre-trial release without posting any money because the defendant promises to return to court when required. While this provides benefits like retaining employment and assisting one's legal defense, judges still weigh factors like flight risk when approving signature bonds. If you require the services of a nearby bail bondsman, feel free to reach out to us today!
What types of cases are best suited for signature bonds, if any? Should they be more widely implemented or more strictly regulated? Let us know your thoughts below!