property bond | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Procedural Law

A property bond is a type of bail bond that allows a defendant to be released from custody by securing the bond with property, such as a house or other valuable asset.


When a defendant is arrested and charged with a crime, they may be required to post bail to be released from custody while they await trial. Bail is typically set by a judge and is intended to ensure that the defendant returns to court for their scheduled court dates.

In some cases, defendants may not have the financial resources to pay for a traditional cash bail bond. In these situations, a property bond may be an option. With a property bond, the defendant can use their own property, or the property of a friend or family member, as collateral to secure the bond.

The process of obtaining a property bond can be more complicated than obtaining a cash bail bond. To secure a property bond, the property must be appraised to determine its value. The court may also require a title search and other documentation to ensure the property is owned by the person offering it as collateral.

Once the property is appraised and the necessary documentation is provided, the court will typically issue a bond for the full bail amount. If the defendant fails to appear in court as scheduled, the court may seize the property used to secure the bond.

It is important to note that property bonds may not be available in all jurisdictions, and the rules and procedures for obtaining a property bond can vary depending on the location and the specific circumstances of the case. In some cases, property bonds may also be subject to restrictions or limitations, such as the requirement that the property is located within the court’s jurisdiction.


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Last Modified: 03/13/2023

 

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