Understanding Federal Bonds and State Bonds: What Sets Them Apart?

1. When and How Bail Bonds Are Determined

Federal Bail Bonds

In federal cases, defendants cannot be bailed out until after their initial appearance before a magistrate or judge. This hearing, known as the arraignment, is where the release conditions are assessed. Federal courts don’t have a set bail schedule, so each case is individually assessed based on factors like criminal history, charges, and community ties.

For federal cases, a Nebbia hearing is required to validate the money and collateral used to fulfill the bond conditions. Without sufficient collateral, release is not possible. This added layer of scrutiny leads to higher fees for federal bonds.

State Bail Bonds

In California, defendants must be presented to a judge within 48 hours of arrest (excluding weekends and holidays). If a defendant is bailed out before then, the 48-hour timeframe no longer applies. State bonds in California have a fixed bail schedule, and collateral is not always required. Bond amounts are often set by a bond clerk at the jail or a magistrate, and the process is generally faster compared to federal cases.

In both federal and state cases, a separate bond must be written for each charge, and bond amounts cannot be combined.

Bail Bond Focus

Federal courts emphasize community safety, often denying release before trial. State courts, on the other hand, focus more on the defendant’s right to pretrial release, which leads to a higher rate of bail releases in state cases.

2. Bail Bond Price and Who Sets It

Federal Bail Bonds

Federal bond amounts tend to be higher due to the severity of the crime, procedural complexity, and risk involved. Federal bonds typically cost 15% of the bail amount plus collateral. Federal bondsmen require specialized knowledge of federal cases, making them less common in comparison to state cases. Federal magistrates or judges set the bail amount, factoring in case specifics.

State Bail Bonds

State bond prices, including those in California, generally range from 6.5% to 15% of the bond amount. California’s standard bond fee is 10%. Immigration bonds, on the other hand, require 20% of the bail amount due to higher flight risk. Bond amounts are set by magistrates or bond clerks based on the seriousness of the charge.

Types of Bail Bonds

Federal Bail Bonds

Federal cases may require more complex bonds such as Federal Bond with Justification, where collateral is pledged directly to the court. Federal Bond with No Justification (signature bond) requires no collateral but demands a promise to appear at all court hearings.

State Bail Bonds

State cases may use similar bonds but generally have a simpler process.

Immigration Bonds

These bonds allow the defendant to be released from custody while they await their immigration hearings. The amount depends on various factors like the nature of the charge, ties to the community, and flight risk.

3. Release Requirements in Federal and State Bail Bonds

Federal Court Release Conditions

Federal courts impose strict release conditions, such as surrendering passports or wearing a GPS tracking device. Defendants may also be required to stay within a specified radius or attend drug or alcohol programs. Violating these conditions can lead to revocation of bail.

State Court Release Conditions

State courts are generally less strict but may still impose conditions like drug tests or travel restrictions.

What is Collateral?

Collateral ensures the defendant will attend court hearings. Common forms of collateral include real estate, vehicles, bank accounts, jewelry, and cash. Federal cases, due to their complexity, often require higher-value collateral compared to state cases.