What Is a Personal Bond?

Personal bonds and judicial controls.

A personal bond, also known as a "release on recognizance bond," is a signed document that states your promise to appear in court on all future court dates related to your case if the court allows you to remain free. A judge may issue a personal bond in lieu of bail or secured bonds. If you fail to appear when required to by the court's schedule, the judge will revoke the personal bond, take you into custody and you must forfeit the amount of the personal bond to the court.

Costs

Monetary outlay

The judge has discretion to determine how much the personal bond is worth, but you do not have to surrender any cash unless you fail to appear when the court requires it of you.

Origins

Freedom pending trial.

In 1789, the United States Congress passed the Judiciary Act to specify under what conditions people accused of crimes could receive bail. The Act stated that the courts could approve bail for all non-capital crimes.

Reforms

Preventing flight risk.

The United States Congress enacted the Bail Reform Act in 1966. It stated that unless you were a defendant in a capital offense case, you had the right to remain free pending the trial on your personal assurance that you would appear in court when required. Judges had the right to determine whether you posed a flight risk if you remained free, and they could impose conditions upon your release to mitigate the risk.

Expansions

Preventing community dangers.

The United States Congress replaced by 1966 Bail Reform Act with new bail laws under United States Code, Title 18. The new laws expanded the 1966 federal bail act's judiciary discretion to include danger to the community as a consideration when determining pre-trial detention.

State Legislation

State laws vary.

The laws that mandate how and when to issue personal bonds vary from state to state. A few states provide a published bail schedule, such as that issued by the Los Angeles Superior Court (See Resources) that indicates bond and bail guidelines for the various types of charges.

References

• Bail: History of Bail
• The 43rd District Court: Ferndale, Michigan - Bail Bonds
• The Constitution Society: Judiciary Act of 1789 (section 33)
• Cornell University Law School: U.S. Code Title 18, Part II, Chapter 207

Resources

• Los Angeles Superior Court: Felony Bail Schedule (PDF)