A cash bond is a form of bail that requires the defendant or a third party to pay the entire bail amount directly to the court in cash, cashier’s check, or money order. It primarily guarantees that the defendant will appear for all court proceedings. The bail money is usually refunded to the defendant if they comply with the bail conditions, regardless of the case’s outcome.
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In this article, you’ll learn everything you need to know about cash bonds, how they work, and the differences between a cash bond and other kinds of bail bonds.
How Does Cash Bonds Work?
The cash bond process typically involves a series of steps that individuals must follow when posting a cash bond for someone who is in jail or facing criminal charges. Specific procedures may vary by jurisdiction, so it’s essential to confirm local rules and regulations. Here’s a summary of the general steps involved:
Arrest and Booking
When a person is arrested and charged with a crime, they go through the booking process at the police station or detention facility.
Determination and Setting of Bail
After the arrest and booking, the judge determines the defendant’s eligibility for cash bond. If the defendant qualifies, the judge then sets the bail amount considering factors such as the severity of the alleged crime, the defendant’s criminal history, and their flight risk. If the judge sets a cash bond, it means the the defendant will have to pay the entire bail amount in cash to secure their release.
Payment of Cash Bond
The defendant can post the cash bail directly to the court by themselves or through a friend, family member, or other allowed entities. The payment is typically made in cash, cashier’s check, or money order.
Release from Custody
Paying the cash or surety bond secure the defendant’s release from custody. Although they’re free to go, the court requires them to appear for court hearing on every court date. If the defendant attends all required court schedules and comply with other court orders, they usually get a refund of the cash bond at the end of the case, regardless of the verdict. However, they may also be required to pay certain court fees.
Forfeiture in Case of Non-Appearance
If the defendant fails to appear in court, the court may forfeit the cash bond. This means the court keeps the money, and a warrant may be issued for the defendant’s arrest.
Who Can Pay a Cash Bond?
Generally, the court allows various parties to pay a cash bond on behalf of the defendant. Although the specific regulations determining who can pay a cash bond may vary by jurisdiction, below are the common parties allowed:
- The defendant
- Family or relatives
- Friends of the defendant
- A bail bond company
- An Attorney
- The defendant’s employer
- Charitable organizations
Cash Bonds vs. Bail Bonds: What are the Differences?
It’s important to note that a cash bond is different from a bail bond. With a cash bond, the full amount is paid upfront, while a bail bond involves paying a percentage of the bail amount to a bail bondsman who then posts the full bail. Let’s look at the key differences between cash bonds and bail bonds under the following factors:
Payment Method
A cash bond requires the full amount of the bail to be paid in cash, cashier’s check, or money order. The entire sum is deposited with the court or jail. On the other hand, a bail bond involves paying a percentage of the total bail amount, known as a premium, to a bail bondsman who is then responsible for posting the full bail amount. The bail bond premium is non-refundable and is compensation for the surety company for taking the risk.
Refundable Payment
If the defendant complies with all court appearances and requirements, the full cash bond amount is usually refundable at the conclusion of the case, regardless of the outcome. Contrarily, the fee paid to the bail bondsman is not refundable, even if the case is dismissed or the defendant is acquitted.
No Third-Party Involvement
For a cash bond, the defendant does not need to involve a bail bondsman or third-party agent. The person posting the bond pays the full amount directly to the court or jail. Bail bonds, as surety bonds, involve a bail bondsman who act as a third party between the court and the defendant. The bondsman provides a guarantee to the court that the defendant will appear for all court proceedings.
Collateral and Conditions
Bail bondsmen may require collateral, such as property or assets, to secure the bond. Cash bonds do not require any collateral. For both cash bonds and surety bonds, the court may also impose additional conditions that the defendant must meet.
Lower Upfront Cost
One advantage of bail bonds is that the upfront cost is usually lower than the full bail amount. This can make it more accessible for individuals who cannot afford to pay the entire bail in cash.
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Consequences of Failing a Cash Bond
Failing to pay a cash bond can have several consequences, both for the individual in custody and for other parties involved. Here are some potential consequences.
Extended Detention
If the cash bond is not paid, the individual will likely remain in custody until an alternative form of bond is secured or until the case is resolved in court.
Warrant for Arrest
If the person fails to appear in court as required, the court may issue a warrant for their arrest. This could lead to additional charges and complications in the legal process.
Legal Consequences
Failing to comply with the conditions of release, including the payment of a cash bond, may have legal consequences. It could affect the outcome of the case and may result in additional charges or penalties.
Impact on Future Bail Eligibility
A failure to pay a cash bond may influence the court’s decision regarding future bail eligibility. The court may be less inclined to allow for cash bonds in subsequent cases.
Financial Loss
If someone other than the defendant posted the cash bond, such as a friend or family member, they stand to lose the entire amount if the conditions of the bond are not met.
Conclusion
Cash bonds are a straightforward way to secure a defendant’s release from custody without involving third parties. While it offers many benefits, it’s important to be aware of the potential consequences of defaulting a cash bond or other bail conditions.
If you cannot afford the full bond amount, it’s best to reach out to a professional bail bondsman to post bail on your behalf.
Book a free call with our experts at Connecticut Bail Bonds Group today to get started.
