When someone is arrested and charged with a crime, it's likely that a bond is going to be set for their release. The amount of the bond will depend on a variety of factors, but it needs to be paid if the defendant wants to be released from jail until their court date. The two main types of bonds are cash bonds and surety bonds. Surety bonds can allow you to post bail while putting up only a maximum of 10% of the bail amount yourself. However, cash only bonds can be difficult to deal with and hard to get around. If you are looking at having to pay a cash bond, you need to know which steps to take to solve the problem.
The Reason for Cash Bonds
Cash bonds may be issued for a number of reasons. A cash only bond is typically used in certain circumstances when stricter rules are imposed on the defendant. This happens when the judge determines the defendant to be more of a flight risk and is intended to help ensure the defendant will attend their court dates if they do meet bail and are released. A cash only bail might be given if there are certain things in the defendant's history such as previous failures to attend court or pay fines. If the defendant fails to attend court, a cash only bond ensures the court is paid.
Posting a Cash Only Bond
If a cash only bond is set, the bond could be posted by the defendant, a family member, or any other third party. In California, you can pay in cash or send a cashier's check to the jail to pay the full amount. You should receive a receipt to prove that you have paid. Make sure the correct name is on it so that any refund can be paid back to the right person.
After the cash bond has been posted, the defendant can be released from jail. They must follow any conditions that have been set, including appearing for any court dates.
Will You Get Your Money Back?
The cash you have paid for a cash bond can be returned to you after the defendant has fulfilled their obligations and the case is resolved. Sometimes this might be when the case is dropped. It can take a number of weeks for a refund to be processed, so don't expect to get it back right away. Most courts estimate a minimum of 90 days to receive a refund in check form.
Can You Get Around a Cash Only Bond?
When a cash only bond is set, it can be difficult to come up with the cash. It's often a lot of money, which can be hard to find. One thing to consider is working with a lawyer to see if you can get the bail type changed.
Fortunately, cash only bonds aren't the norm. Most people are able to use surety bonds, working with a bail bond company to secure the bail amount that has been set. Working with a company like Mr Nice Guy Bail Bonds will allow you to do this.
