A surety provided to the court by a person other than the defendant that secures the defendant’s release from jail is a type of financial guarantee. This arrangement ensures the defendant’s appearance in court as required. Should the defendant fail to appear, the individual or entity providing the surety is financially responsible for the bond amount. For example, if a court sets a bail amount at $10,000 and a third party posts it, that party is liable for $10,000 should the defendant abscond.
This mechanism serves to balance the defendant’s right to freedom before trial with the court’s need to ensure their presence at legal proceedings. It alleviates some of the financial burden from the defendant, allowing release from custody without the immediate need for full cash payment. Its use has historical roots in common law systems designed to provide incentives for defendants to uphold their legal obligations.