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What is a signature bond? A signature bond functions as a sort of “get out of jail free” card, at least temporarily, until the accused receives a fair trial and is acquitted or condemned.
A signature bond, also known as a “recognizance” or “ROR” bond, is a type of bond that is issued in lieu of a standard bond or monetary bail.
No money exchanges hands, presuming the defendant adheres to all court-imposed regulations and appears at trial.
What Is a Signature Bond?
A signature bond is exactly as the name implies: the defendant’s signature serves as his bail or bond.
He is not required to pay the court or retain the services of a bail bond business in order to escape detention or prison.
At the conclusion of the bail hearing, he signs a document agreeing to return to court for trial.
If he does not, a financial penalty is imposed. The defendant would then be required to pay the amount specified in the signature bail and would almost certainly face instant arrest for failure to appear.
However, the defendant is not obligated to pay the pledged money perpetually.
Signature bonds automatically expire when the defendant fulfills his obligations and appears in court at the scheduled time.
What Is the Distinction Between Bail & Bond?
A signature bond is not to be confused with a bail bond or property bond, which typically require the pledge of cash or property to a bail bond company as collateral. The corporation then pays the defendant’s whole bail amount.
For instance, the defendant’s parents could assign their home to the corporation in exchange for a tiny portion of the bail money.
The corporation would then pay a portion of the defendant’s bail to the court.
The corporation is only liable for the whole amount of the bail if the defendant fails to appear in court, but it also has the authority to seize the defendant’s property as payback.
Courts believe that this is a sufficient reason for the defendant to appear.
On the other hand, bail is money paid directly to the court in exchange for release, and it is forfeit if the prisoner fails to appear for trial.
Certain state courts accept pledged property in lieu of monetary bail, allowing defendants to avoid engaging the services of a bail bond business; nonetheless, this option technically qualifies as a bond, not bail.
Who Qualifies for a Signature Bond?
Typically, signature bonds are reserved for misdemeanors and lesser offenses.
A judge may grant one at his or her discretion. A court may release a defendant on her own recognizance or, in more serious instances, may issue cash bail, requiring a traditional bond if the defendant does not possess and cannot obtain the appropriate monies.
Generally, judges provide this option to individuals who have no prior criminal history and ties to the community.
These defendants are not deemed a danger to the community or likely to flee to unknown locations to avoid prosecution.
However, some state courts weigh these variables mathematically, assigning offenders a score that determines whether they qualify for a signature bail.
Additional requirements, in addition to being in court at the specified time, can and frequently are imposed. Defendants could include the following:
➣ Consistent communication with a probation officer is required.
➣ Instructed not to visit or communicate with specific individuals, places, or areas.
➣ Ordered to abstain from drugs and alcohol.
Signature Bonds in the Absence of a “Cosigner”
A critical word in all of this is “own” recognition. Typically, it is necessary for a defendant to swear that he will follow court procedures and appear for trial, signing a statement to the effect that he will be subject to a financial penalty if he does not.
However, in some places, another party may agree to pay the financial penalty if the defendant does not appear.