What is the Difference Between Cash Bail and Bond

Introduction

When someone is arrested and charged with a crime, they may be required to provide a form of financial security to ensure their appearance in court. This security can be in the form of cash bail or a bond. While both options serve the same purpose, there are notable differences between cash bail and bond. In this article, we will delve into these differences and explore how they can affect individuals involved in the criminal justice system.

Cash Bail

Cash bail refers to the payment of the full bail amount in cash. When cash bail is set, the defendant or their family and friends must pay the entire bail amount to secure the defendant’s release from custody. The purpose of cash bail is to provide an incentive for the defendant to appear in court for their scheduled hearings. If the defendant fails to appear, the cash bail is forfeited and the court keeps the money.

Bond

A bond, on the other hand, is a financial guarantee provided by a bail bondsman or a bail bond company. Instead of paying the full bail amount upfront, the defendant or their loved ones pay a non-refundable fee, typically 10% of the total bail amount, to the bondsman. The bondsman then issues a bond to the court, which serves as a promise that the defendant will appear in court when required. If the defendant fails to appear, the bondsman becomes responsible for paying the full bail amount to the court.

Key Differences

Now that we have a basic understanding of cash bail and bond, let’s explore the key differences between the two:

1. Payment Method: Cash bail requires the full bail amount to be paid in cash, while bond only requires a percentage of the total bail amount to be paid as a fee to the bondsman.

2. Refundability: Cash bail is refundable if the defendant appears in court as required, whereas the fee paid for a bond is typically non-refundable.

3. Availability: Cash bail can be paid directly to the court, while bond requires the involvement of a bail bondsman or a bail bond company.

4. Financial Burden: Cash bail requires the defendant or their family and friends to have the full bail amount available in cash, which can be a significant financial burden. Bond, on the other hand, only requires a fraction of the total bail amount to be paid upfront.

5. Liability: With cash bail, the liability for the full bail amount rests solely on the defendant and their loved ones. In the case of bond, the bondsman assumes the liability and becomes responsible for paying the full bail amount if the defendant fails to appear in court.

Conclusion

Understanding the difference between cash bail and bond is crucial when dealing with the criminal justice system. Cash bail requires the full amount to be paid in cash, while bond allows for a fraction of the bail amount to be paid as a fee. Cash bail is refundable if the defendant appears in court, while bond fees are typically non-refundable. Both options serve as a means to secure a defendant’s appearance in court, but they differ in terms of payment method, availability, financial burden, and liability. By having knowledge of these differences, individuals can make informed decisions when faced with the need to secure their release or that of a loved one.

Frequently Asked Questions (FAQs)

1. Can I choose between cash bail and bond?

Depending on the jurisdiction and the specific circumstances of the case, you may have the option to choose between cash bail and bond. However, certain factors such as the severity of the charges or your criminal history may influence the court’s decision.

2. Can I get my cash bail refunded if I appear in court?

Yes, if you appear in court for all required hearings, your cash bail should be refunded to you or the person who posted the bail on your behalf. However, administrative fees may be deducted from the refund amount.

3. What happens if I cannot afford cash bail?

If you cannot afford to pay the full cash bail amount, you may consider seeking the services of a bail bondsman or a bail bond company. They can assist you in obtaining a bond by paying a percentage of the total bail amount as a fee.

4. How do I choose a reliable bail bondsman or bail bond company?

When selecting a bail bondsman or a bail bond company, it is essential to do your research. Look for licensed and experienced professionals who have a good reputation in the industry. You may also seek recommendations from your attorney or trusted friends and family members.

5. What happens if I fail to appear in court while on bond?

If you fail to appear in court as required while on bond, the bondsman becomes responsible for paying the full bail amount to the court. They may employ various means to locate and apprehend you, which can include hiring a bounty hunter. Additionally, you may face additional charges and penalties for failing to appear.