Wednesday, September 17, 2003

What is a Signature Bond?

What is a Signature Bond?

A signature bond, like other types of bonds, allows a suspect to be freed if he promises to show up in court. If he is not present for his court date, a bench warrant will be issued for his arrest and whatever amount of money was agreed upon between the court and the suspect will be paid to the court. In essence, a signature bond ensures that a suspect will show in court or pay a sizeable fine and be physically turned over to the courts.

Function

    A signature bond, or recognizance bond, is a promissory that is signed by the individual who was arrested in order to be released on bond. Though no monetary transaction takes place when the promissory is signed, a signature bond contends that the arrested individual will pay an agreed upon amount if he fails to appear in court on the given date and time.

Size

    The amount of a signature bond can vary, though it usually depends on the seriousness of the person's crime. For example, a white-collar criminal who has stolen $10,000 of his employer's money may be released on a $1,000 signature bond. However, a suspect accused of grand theft auto may be released on a $10,000 signature bond. Most signature bonds do not exceed $25,000. Courts can also add additional conditions to a signature bond. They may forbid the arrestee from discussing the incident with other suspects or witnesses or from using drugs or alcohol.

Types

    There are typically four different types of bonds that can be issued after a person is arrested. There is the signature bond, the cash bond, in which the arrestee must pay the bail amount upfront before he is released, the 10-percent bond, in which the arrestee must pay 10 percent of the bail amount upfront before he is released and a surety bond, in which a bail bondsman, which is approved by the court, promises that court that the arrestee will appear on his court date, and that if he does not the bail bondsmen will pay the bail amount in full.

Identification

    Common crimes that may result in a signature bond include theft, fraud, federal corruption, trespassing, disorderly conduct, drunken driving, drug possession, child pornography possession, indecent behavior and sexual intercourse with a minor.

Considerations

    Courts do not have to offer signature bonds, but when they do it is usually offered to individuals who do not have a prior criminal past, are not a flight risk and have committed a minor crime, usually a misdemeanor.

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