What Is a Personal Bond?

Despite being released without the requirement to pay bail, a bail amount is set for the defendant as part of the promise to be present at all required court hearings. Most police stations have a schedule of bail amounts for common crimes to facilitate the release of defendants who may qualify for a personal bond without waiting to see a judge. The contract for a personal bond includes a provision that the defendant is responsible for paying the full amount of the bail for failing to appear at court when required.

There may be additional conditions for release, including following the terms set forth in restraining orders, obeying a curfew, attending Alcoholics Anonymous meetings, going into rehab and obeying all laws. The failure to comply with the conditions for release can result in the personal bond being canceled, the defendant being arrested and ordered to pay the bail amount and the accused being sent back to jail.

The decision to grant a personal bond is based on several conditions, including the severity of the offense, a prior arrest record, employment history, the number of years spent in the community and the presence of family nearby. If the defendant has a record of previous arrests, an added consideration will be whether he appeared at all required court dates. A personal bond could be approved, for example, for a defendant who's arrested for a first-time misdemeanor charge and poses a minimal flight risk.

If the defendant attends all required court hearings and meets all of the conditions set for her release, the personal bond will be vacated when the case is closed. Under these circumstances, the bond is vacated whether the defendant is found innocent or guilty.