What Does Unsecured Bail Bond Mean?

Published December 30, 2023

Facing the reality that you have just been arrested is beyond confusing and scary. And one of the first things that happens in a hearing is determining whether you’ll be released on a bond. There are two types of it: secured and unsecured. Knowing their differences can help you in navigating your situation. 

And even if you’re not facing a jail situation, it helps to be aware of this kind of discourse. This article will focus mainly on what unsecured bail bonds mean. We’ll define it, discuss the difference between secured and unsecured bail, and who qualifies for it. We will also discuss its benefits, risks, and how you can apply for one. It’s going to be a comprehensive write-up. Let’s get started.  

What Is an Unsecured Bail Bond?

Unsecured bail bonds, or Release on Recognizance (ROR) or signature bonds, are when the defendant is released on personal recognizance or citation. They do not have to reimburse money or submit collateral to the court. They also do not need a bail bondsman to secure their release. 

Unlike other bonds, unsecured bonds are anchored on the defendant’s word to attend all court proceedings. 

The judge must be satisfied that the suspected person will take their words seriously. It is for the court to permit an unsecured bail. They must show up for court proceedings. 

A few factors are in play for a judge to grant an unsecured bail bond. For instance, the nature of the crime. Also, the defendant’s likelihood to show up for court dates without paying the bail amount.

What’s the Difference Between Secured and Unsecured Bail?

In secured bonds, the defendant must render collateral. It is either in the type of property, assets, or cash to the court or the bail bondsman. It is done to secure their release. The collateral guarantees the defendant will complete all court requirements during their trial. The court or the bail bondsman may take the collateral when they fail court. 

There are a few differences between secured and unsecured bail bonds. Here are the key ones: 

1. Collateral requirements 

One of the main distinctions between a secured and an unsecured bond is the necessity that a defendant must fulfill a collateral. It is done to ensure their freedom through bail. For the bail bond process to be of success with a secured bail bond, the accused must provide collateral. 

For an unsecured bond, no collateral is required. The defendant is released based on their word to show up for all court appearances. 

2. Financial responsibility 

In a secured bond, the defendant must reimburse a nonrefundable fee. It is usually a percentage of the bail amount to the bail agent. On an unsecured type, they are free of any financial obligations. It is as long as they show up in all court proceedings. They are also, given that they oblige to the court’s conditions of release. 

3. Risk element 

In a secured bond, the bail bondsman understands all the risks by having a financial agreement with the court. It is a matter of paying the total bay amount should the defendant forfeit court. An unsecured bail bond holds no risk factor for the accused. It will continue if they successfully adhere to all court requirements during the trial. 

Who Qualifies for Unsecured Bail?

1. Nature of the crime 

The severity of the crime is a huge consideration. The court analyzes it before granting an unsecured bond. Minor crimes and misdemeanors of alike nature. The two are eligible for unsecured bonds. Major crimes, conversely, like felony charges, usually do not fit the case.

2. The criminal history of the dependent 

The defendant’s criminal history also matters in granting an unsecured bond. A defendant with no criminal history is more likely to be approved for bail. It is as compared to a defendant who has one. 

3. Flight risk 

Another consideration is the likelihood of an accused not appearing in court after a bail release. It determines whether they will be granted an unsecured bail bond. 

4. Community ties 

The defendant must prove its ties to the community. For one, having a family or a stable job. Suppose the judge has any reason to believe the defendant threatens the community. The bail on personal recognizance will not be approved. 

How to Apply for an Unsecured Bond?

1. Bail hearing 

The defendant is arranged in court. The judge must rule whether they are worthy of freedom on bail as they await trial. 

2. Evaluation of risk factors 

During the bail hearing, the judge analyzes all possible jeopardy of releasing the defendant on personal recognizance. The judge will decide on a grant based on the evaluation. 

3. Conditions of release 

There are a few conditions that a defendant is required to respect when released. These conditions include attending the court. Moreover, they comply with possible fines and restrictions. 

4. Compliance and Monitoring 

The defendant should comply with the said conditions. They may be subject to surveillance by pretrial services. 

Benefits of Unsecured Bonds in the Bail Bond Process

1. No upfront payment 

The most significant advantage of unsecured bonds is they do not demand an upfront payment. The defendant or their family do not need to come up with cash or property as a guarantee. It makes it more accessible for many people who may not have tremendous assets. 

2. Preservation of liquid cash 

Due to the absence of an upfront fee, defendants and their families can preserve their liquid cash. It can be beneficial for those with limited financial resources. 

3. Simplicity and efficiency 

Unsecured bonds streamline the bail process. There’s no requirement for evaluation for appraisal of property to use as collateral. It speeds up the process of securing release. 

4. Promise based 

An unsecured bail bond relies on the defendant’s promise. It is the word to follow through with all court requirements. The contract holds them to specific conditions outlined in the bond. 

5. Effective pretrial release method 

A study mentioned by the Office of Justice Programs suggests that an unsecured bond can be an effective pretrial release method.