A lady called me the other day and wanted me to give her an explanation of a Bail Bond Vs Cash Bond with the court. She said that she had posted a bail bond agent for a friend and when the bond was over the court had taken fines and court cost from her cash.
I informed her that first of all she should have read the paperwork very close and very carefully. Just because you’re dealing with the government doesn’t mean that they’ll be soft with you. The court wants their money and they will take it from where ever they can get it.
Bail Bonds Vs Cash Bond
There is a space on the court’s bail bond form that asks your permission to use the money for court cost and fines if any.
When you go through a bail bondsman, again, it is imperative that you read any forms that you sign and if necessary ask the bondsman to explain anything that you do not understand. The bondsman will charge you a fee that is earned once the bond is posted. You will not get that back once the case has run its course.
If you give the bondsman collateral of any type that collateral will be returned to you once the case is one and the bond released by the court. You must present an official court release to the bondsman in order to get your collateral back. The collateral can be returned to the person whose name is on the Collateral Receipt. This is just one reason why it’s much wiser to use the services of an expert bail bondsman.
Is Posting A Cash Bail Bond With The Court Safe?
It depends. Most people would like to save money bypassing the bail bondsman and putting up a cash bail bond for whomever they’re bonding out of jail. Who could blame them? When the case is over you get your money back. With bail bondsman, the fee is earned.
I’ve had people call me and have me explain how bail bond works, both professional and cash. It seems that all or a portion of their money was used to pay fines and court costs. It appears that the jail and or court does not explain to the person posting the cash bond that there’s a place on the bond form to check whether or not the cash bond may be used to pay fines and or court costs. (Please see below.)
***Surety Cash Deposit: The bond deposited may or may not be applied toward any amount owed by the Defendant.
Cash Surety (Signature) __________________________ Print Name
Any remaining amount of the bond deposited will be returned to the depositor.
Whether the jail or court has the responsibility to explain this section or not is beyond my knowledge. I’m posting this blog so that you will not be shocked by having this happen to you. As always it’s your responsibility to read what you sign before you sign it. A bail bond is a contract with the court and like any contract it is binding. Sometimes you don’t need a bail bondsman but when you do please give us a call. Our customer service is great and our rates are even better.
How Many Ways Are There To Make Bail?
In most courts, there are at least three different ways to bail someone out of jail and a fourth in some others.
- There is a personal recognize bond. When the probability of the defendant showing up for his or her court appearances is highly likely the court may allow the defendant to be released on this type of bond. The court may still require that a second party sign and guarantee the bond.
- There is a cash bond. This is just what it sounds like, you post the bail bond with cash. When the case is over the court will order that the cash or some part thereof be returned to the person who posted the bond. Be advised that in some instances fines and court fees will be deducted from a cash bond.
- There is a surety bond, often referred to as a bail bond. This is where a licensed bail bondsman puts the bail money up to the court on your behalf. The bail agent charges a fee for doing so and in most situations will require a guarantor or collateral to secure the bail bond. That can differ from agent to agent. The fee is non-refundable.
- Some courts will offer a property bond. This is where you are allowed to use real estate, if there’s enough equity, to post the bond.