what is a cash only bond

3 min read 26-12-2024

A cash-only bond, also known as a surety bond, is a type of bail bond that requires the defendant to pay the full amount of the bond in cash. Unlike other types of bail bonds, which may allow for a percentage payment to a bail bondsman, cash-only bonds necessitate the entire sum upfront. This means the defendant must possess the entire bail amount to secure their release from custody.

Understanding Cash-Only Bonds vs. Other Bail Bond Options

Several types of bail bonds exist, each with its own conditions and requirements. Let's compare cash-only bonds with other common options:

Cash Only Bond: Requires the full bail amount in cash. The money is returned upon the fulfillment of the court's conditions.
Surety Bond (with a bondsman): Requires a percentage (typically 10-15%) of the bail amount paid to a bail bondsman. The bondsman covers the remainder, should the defendant fail to appear in court.
Property Bond: Uses real estate as collateral to secure the bail. The property is at risk if the defendant fails to appear.
Unsecured Bond (Personal Recognizance): Requires no upfront payment, but relies on the defendant's promise to appear in court. This option is usually granted only to low-risk defendants with strong ties to the community.

Advantages of a Cash-Only Bond

Lower Overall Cost: While it requires a significant upfront payment, a cash-only bond avoids the fees associated with bail bondsmen. This can lead to substantial savings, especially for high bail amounts.
Full Refund: The full amount is refunded upon successful completion of court proceedings and adherence to all conditions.
Simpler Process: The process is typically straightforward, involving depositing the cash with the court directly.

Disadvantages of a Cash-Only Bond

High Upfront Cost: The major drawback is needing the entire bail amount available immediately. This is often a significant barrier for many defendants.
Loss of Funds: If the defendant fails to appear in court, the entire cash bond is forfeited. This makes it a high-risk option if there's a chance of missing a court date.
Potential for Financial Hardship: Requiring a large sum of cash can create significant financial hardship for the defendant and their family.

How to Obtain a Cash-Only Bond

The process for obtaining a cash-only bond generally involves these steps:

Secure the necessary funds: Gather the total bail amount in cash.
Visit the court: Go to the appropriate court clerk's office.
Post the bail: Provide the cash to the court clerk.
Complete paperwork: Complete all required paperwork and forms.
Defendant's Release: Once the bail is posted and paperwork is processed, the defendant is released from custody.
Court Appearance: The defendant must appear for all scheduled court proceedings.

What Happens if the Defendant Fails to Appear?

Failure to appear in court results in the forfeiture of the entire cash bond. The court retains the money, and a warrant for the defendant's arrest is issued.

Frequently Asked Questions (FAQs)

Q: Can I use a cashier's check for a cash-only bond?

A: While this is possible, some courts may prefer or only accept cash. Check with the court clerk's office for their specific policy.

Q: Can I get my money back if the charges are dropped?

A: Yes, the court will usually return the full amount of the bond once the case is resolved and all court conditions have been met.

Q: What if I can't afford a cash-only bond?

A: Explore other bail bond options such as surety bonds or property bonds. You may also seek legal assistance to understand your options and explore alternative solutions.

Q: Is a cash-only bond always the best option?

A: A cash-only bond is only the best option if you have the funds readily available and are confident in appearing for all court dates. Otherwise, a surety bond might be more suitable. Consult with a legal professional to determine the most appropriate option in your specific situation.

This article provides general information about cash-only bonds. Consult with a legal professional for advice specific to your situation and jurisdiction. Laws regarding bail bonds vary by state and locality.