During an arrest, being locked up in jail until the court date can be a tedious waiting process. Defendants (the accused) do have the chance to be released from prison until they appear in court. Their attorneys can request a hearing to negotiate the terms of the defendants’ release. This hearing, or arraignment, will have a judge determine if the accused should be released or held in a city lockup or house arrest until their trial.
The court may decide if the defendants will be released on their terms where they leave the confines of their jail cells and are trusted to show up in court on a specified trial date. In most cases, courts require financial assurance of the defendant’s return. A defendant that wants to be temporarily set free from jail must pay a fee to earn the court’s trust that they will appear before a judge for their scheduled hearing. This financial guarantee that calls for temporary release is known as a ‘bail bond.’
Various types of bonds can be posted to pay a bail. One of the ways to post a bail bond is to pay the court in cold, hard cash. Called a cash bond, it is a financial assurance paid in the full bond amount.
What is a cash bond?
A cash bond is a type of bond for people who can afford to pay a huge amount of cash for their bail. Sometimes, a relative or close friend (Indemnitor or co-signer) pays the money for the bail. Courts require cash bonds for a variety of reasons. These reasons include the most common causes, such as failure to pay fines, arrest on an out-of-jurisdiction warrant, recompense on losses in a case, and failure to show up before the court for a scheduled appearance.
Cash bonds are the easiest to obtain as it comes with small risk. The good thing about cash bonds is that after the defendant shows up in court for all of his or her trials and is sentenced, the individual who paid for the bond is entitled to a refund. There are bond fees, but the majority of the cash is reimbursed depending on the scheduled court appearance of the defendant. The individual who personally posted a cash bond for the defendant must keep the receipt issued to them when the court received the cash. When the bond is posted, the defendant will be released to the custody of the bondsman. A bondsman may assist with direct cash-only bonds and may also provide surety bonds for a fee – the cost is the percentage of the bond amount.
Are cash bonds the same as surety bonds?
Not entirely. Surety bonds involve three parties: the Obligee, the Principal, and the Surety. In this case, defendants will need to post a bail bond for their temporary release and ensuring that they commit to appearing at their scheduled hearing.
- The Obligee is the court that requires the bond.
- The Principal is the defendant or someone who will post the bail bond.
- The Surety is the bonding company that will issue the bond.
The advantage of a bail bond is that the principal does not have to pay the full value of the bond. The bond can be purchased for a fee with the total amount only required if the principal fails to make court appearances.
With cash bonds, the principal directly pays cash to an authorized third party. The cash bond posted to the third party (court or jail) becomes an immediate property of the court. The money is held in reserve until the principal performs his or her obligations satisfactorily to the obligee.
If the defendant misses to show up on the court date, a warrant will be issued for their arrest, and the bond is forfeited. If a judge orders the forfeiture of the bond, it becomes the property of the town, city, county or state and will not be refunded.
So, whether you are the defendant or are a co-signer, make sure to commit to the court date so that you can receive a refund, and your attorney can defend you without the trouble of a second arrest for contempt and misdemeanor, and FTA (Failure to Appear) charges.
For more information about cash bonds and bail bonds, please call our recommended agency at 800-500-7090. Our company does not conduct bail bond services at the moment. This article is for reference purposes only.