Navigating the legal system’s intricacies can feel intimidating, particularly when encountering a cash-only bond situation. This type of bond necessitates fully paying the required amount in cash. That can leave individuals and their families feeling inundated with stress and uncertainty. The requirement with cash-only bonds can be financially burdensome, as it may involve substantial sums of money. People may find themselves in this situation for various reasons, such as legal issues or run-ins with the law, and they must find a way to secure the necessary funds quickly.
To address this challenge, it’s essential to explore available options. Further, some individuals may turn to family and friends for financial support, while others may seek the assistance of a bail bondsman.
All You Need To Know About Cash-Only Bail Bonds
Reasons for Imposing Cash Bonds on Defendants
Several factors make a court more inclined to require a defendant to pay a cash bond rather than any other type of bond. One significant factor is the defendant’s past behavior when dealing with legal issues. For instance, if the defendant has a history of not showing up for court appearances or failing to pay court-issued fines, the likelihood of a cash bond being imposed increases.
Another reason for imposing a cash bond is when the defendant is considered a flight risk. This means that there is a strong possibility they may run away instead of attending their court hearings. This is especially true when the defendant is facing a lengthy prison sentence or a substantial fine. Cash bonds are used in these flight-risk situations because the court can ensure that they will receive payment if the defendant fails to appear in court.
Moreover, you find yourself in a situation where there are active warrants for your arrest in multiple jurisdictions.
Eligible Payors for Cash-Only Bonds
There are three categories of individuals authorized to cover a cash bond payment.
- The first is the person facing the charges, the defendant
- The second is a family member of the defendant
- The third is a third party, like a bail bondsman, who can post the bond on the defendant’s behalf
In certain circumstances, courts have the authority to deduct money from the bond and use it to settle any fines owed by the defendant. It implies that the individual paying the bond might not always receive the entire amount back. Yes, even after the conclusion of the court case!
Furthermore, as expected with any bond, if the defendant fails to appear for their court appointment, the entire bond is forfeited. It means that whoever paid the bond will not be refunded any of the money they put up. Understanding who can pay a cash-only bond and the associated risks is vital for anyone dealing with this type of legal requirement. Moreover, it’s important to consider these characteristics when deciding:
- Whether to pay the bond
- What the potential financial implications may be
How to Pay a Cash-Only Bond
There’s no fixed method for paying a cash bond since the process varies by state. The good news, though, is that wherever it’s required, the process is usually straightforward. Typically, you’ll need to visit the prison’s cashier window and pay the bond there.
At the prison cashier’s window, the person paying the bond will receive the bond receipt. This receipt is vital because the money can only be reimbursed to the individual whose name appears on the receipt. So, if the defendant uses their funds but has someone else make the payment on their behalf, make sure that the name on the bond receipt matches the defendant’s name. Failing to do so could lead to difficulties in getting the owed money back once the court case concludes.
Besides, it’s a simple but critical step in the process that guarantees the right person receives their funds when they are due.
Can You Change a Cash-Only Bond?
If the judge imposes a cash-only bail bond, unfortunately, you must come up with the full cash amount as there are limited alternatives. Most jail judges typically adhere to the county or district judge’s decision to make it a cash-only bond. Further, it’s unusual for a magistrate to fill out a judge’s card to alter the bond type for release.
Hiring an attorney to attempt to change the bond type is a prudent step, but it’s not a guaranteed solution, as there is usually a specific reason behind the judge’s choice in the first place. During regular court hours, the attorney can approach the judge in the courtroom or in their private chambers to advocate for a personal bond and resolve any misunderstandings that might have occurred between a previous attorney and the defendant.
This legal representation may raise your chances of altering the bond type, but be aware that success is not promised.
You Posted Bail, Now What?
Once the cash bond is accepted and processed, bail is secured, leading to the defendant’s release from custody until their trial. However, the defendant must strictly adhere to the bail conditions, which include attending court hearings.
If they fail to meet these terms, the bond will be revoked, and a warrant will be issued for their return to custody.
What Occurs If You Don’t Repay Your Bondsman?
Cash bonds pose a substantial risk for bail bondsmen, particularly when they don’t obtain collateral beforehand. If the defendant skips out on their bond, the bondsman is left with an unpaid debt. In such cases, the defendant can anticipate either:
- Facing a civil lawsuit for breach of contract
- Being rearrested and detained until the debt is settled
Can You Reclaim Your Money With Cash-Only Bonds?
The ability to get your money back with cash-only bonds depends largely on the courts. Some courts treat cash bonds similarly to purge bonds, using the funds in their possession to pay off penalties incurred by the offender. Consequently, payers of cash-only bonds may be less likely to recover the entire amount they paid, particularly if the payer is the offender or a family member. Besides, courts are generally less inclined to use cash bonds for fines settled by professional bondsmen.
Read more: How Do Bail Bondsman Make Their Money
Can a Defendant Change Their Decision After Bond Posting?
Once a bail bond is submitted to the court or prison, it becomes the property of the court and cannot be reclaimed unless the court decides to exonerate it. The accused is released into the custody of the bondsman as soon as the bail bond is posted.
If the Indemnitor, the person responsible for the bond, no longer wishes to be liable for it, they have the option to have the defendant arrested and return the bond to the court through the bail bond company. It’s important to note that the costs associated with detaining the defendant and surrendering the bond can be substantial. Additionally, the bondsman may bill for expenses related to:
- Apprehending the defendant
- Seeking the defendant if they flee
- Any legal actions required for exoneration
Furthermore, in some cases, the expenses incurred for detaining and surrendering the bond can equal or even surpass the original bond amount. In such instances, it may be a justifiable cost. Defendants who repeatedly break the law or pose a flight risk face the possibility of the court forfeiting the entire bond, making it sensible to re-incarcerate the defendant. Also, the court has the ultimate authority in deciding whether to grant or revoke a bond.
Other Types of Bonds Used in Legal Cases
Legal cases often involve the use of different types of bonds to secure a defendant’s release from custody and still make their appearance in court. These bonds serve as financial guarantees and can take various forms depending on the nature of the case.
Check out: What Are the 7 Types of Bail
A surety bond involves a bail bondsman cosigning the full bail amount with the court. In this arrangement, the bail bondsman assumes financial responsibility for ensuring that the defendant attends all court hearings.
If the defendant fails to appear, the bail bondsman may take action, such as hiring a bounty hunter to locate and return the defendant or paying the court the entire bail amount.
A property bond is secured using real property, such as a house or land, as collateral to obtain the defendant’s release. The value of the property offered as collateral must be equal to or greater than the bail amount. If the defendant does not appear for their court date, they risk losing their property. After all, it serves as a guarantee of their presence in court.
A citation release occurs when a defendant is released from custody after being issued a citation. This citation is similar to a traffic ticket and does not require the payment of bail. Instead, the defendant must sign the citation and promise to appear in court as scheduled.
Failure to show up may result in the defendant facing arrest and further legal consequences.
Release on Recognizance (ROR)
A Release on Recognizance (ROR) allows a defendant to be released from custody without the need to post any form of bond or collateral. In this matter, the judge considers various factors, including the defendant’s:
- Criminal history
- Employment status
- Ties to the community
All when making the decision! Even with a ROR, defendants must still honor their commitment to attend their scheduled court date, or they may be subject to arrest.
Federal bonds are required for defendants charged with federal crimes. These crimes typically involve offenses that cross state lines, such as:
- Drug trafficking
- Mail fraud
- Tax evasion
- Other serious federal violations
Conditions and requirements for federal bonds are governed by federal law and can vary depending on the specific charges and circumstances of the case.
Immigration bonds are specific to non-citizens who have been charged with a crime and are being detained by Immigration and Customs Enforcement (ICE). These bonds serve as a guarantee that the defendant will appear for their scheduled hearing before an immigration judge.
The bail amount can vary significantly, ranging from:
- $1,500 to $5,000 for low-risk offenders
- $15,000 to $50,000 for high-risk offenders
How to Find a Bail Bondsman
Check with your local police department:
Some law enforcement agencies have established agreements with bail bond companies. In certain cases, you may even encounter a bail agent working directly within the police department.
Ask for recommendations:
Do you have connections within the criminal justice system? Consider asking if they know of a Hampton bail bonds who can help you. Friends, family, or acquaintances in the legal field may provide valuable suggestions.
Utilize online resources:
Numerous websites are dedicated to listing bail agents and bail bond companies throughout the United States. These online platforms can also provide information on the rates charged by different bail agents for their services.
Directly contact a bail bond company:
Some bail bond companies have their websites that allow you to get in touch with them directly. One can seek their assistance in locating a suitable bail agent or inquire about how to pay for a cash-only bond.
Consult your lawyer:
If you have legal representation, it’s a good idea to ask your lawyer if they know of any bail bond agents who can facilitate your swift release from jail.
Reach out to the American Bail Association (ABA):
The ABA is a nationwide organization that represents the bail bond industry. They can assist you in locating a qualified bail agent and provide details about rates and services.
Read more: What Do Bail Agents Provide
Seek guidance from friends and family:
If you have friends or family members who work as bail agents, consider approaching them to inquire if they can help you secure your release from jail.
Look for online and print advertisements:
Moreover, bail agents may post advertisements online, particularly on their websites or in local newspapers and magazines, to lure new clients.
Attend seminars or conferences:
Some bail agents offer free or discounted seminars to educate potential clients about their services. Attending one of these events can help you learn more about how bail bonds work.
Contact your state’s attorney’s office:
Certain states offer programs through the state’s attorney’s office to provide financial assistance to individuals who need to post a cash-only bond. Besides, it’s worth reaching out to see if such programs are available in your jurisdiction.
When you’re dealing with a cash-only bond, gather all the necessary documents. You can seek out a lending company that offers reasonable interest rates, flexible repayment plans, and the option to pay off the loan either ahead of schedule or in smaller installments. Moreover, keeping meticulous records of your payments is far beyond important to prevent any payment delays that could negatively impact your credit score.
Besides, there’s no need to search far and wide when a solution is right in front of you. Ron Owens Bail Bonds is always eager to assist individuals in situations like yours. All you need to do is reach out to us!