What is the name of the bond that secures the release of an accused defendant from jail pending trial?

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The bond that secures the release of an accused defendant from jail pending trial is commonly referred to as a bond, more specifically as a bail bond. This financial agreement allows the defendant to be released while assuring the court that they will return for their scheduled court appearances.

In the context of the criminal justice system, when a defendant cannot afford to pay the full bail amount set by the court, they often secure a bond through a bail bondsman. This involves paying a fee, usually a percentage of the total bail amount, which the bondsman then guarantees to the court. The purpose of such a bond is to balance the interests of the defendant's right to liberty prior to trial and the court's need to ensure that the defendant appears for prosecution.

Other terms, such as surety, typically refer to a person or company that takes responsibility for another's performance of an undertaking, such as ensuring that a defendant appears in court. A retainer is more commonly related to legal fees, where a client hires an attorney. Finally, a fiduciary relates to trust and financial duties between parties, which does not specifically pertain to the release of an accused from jail.

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