When a person is required to post bail to secure their release from custody, they have the option of posting either a surety bond or a cash bond. Both options serve the same purpose of ensuring that the defendant shows up for their court appearances, but there are significant differences between the two.
A surety bond is essentially an agreement between the defendant, a bail bond agent, and the court. The defendant pays a fee to the bail bond agent, who then provides a bond to the court that guarantees the defendant’s appearance on all court dates. If the defendant fails to appear in court, the bail bond agent is responsible for paying the full amount of the bail to the court.
A cash bond, on the other hand, requires the defendant to post the full amount of the bail with the court in cash or a cashier’s check. This money is held by the court until the case is resolved, and if the defendant fails to appear in court, the money is forfeited.
There are pros and cons to each type of bond, and the choice ultimately depends on the individual circumstances of the defendant and their case.
Advantages of Surety Bond
One advantage of a surety bond is that it can be a more affordable option for defendants who are unable to pay the full amount of bail upfront. In most cases, a defendant will only need to pay a percentage of the total bail amount, typically around 10% to 15%, to the bail bond agent. This fee is non-refundable, but it is often more manageable than paying the full bail amount in cash.
Another advantage of a surety bond is that it allows defendants to be released from custody more quickly than a cash bond. Once a surety bond is approved by the court, the defendant can be released from custody within a matter of hours. With a cash bond, the defendant must pay the full amount of the bail upfront, which can take longer to arrange.
Finally, with a surety bond, the bail bond agent is responsible for ensuring that the defendant appears in court, which can provide a greater sense of accountability.
Advantages of Cash Bond
One advantage of a cash bond is that the defendant or their family can potentially get the full amount of the bail refunded after the case is resolved. Assuming the defendant appears in court as required, the court will typically return the bail money to the person who posted it. This can be beneficial for defendants who have access to significant financial resources and who are confident that they will appear at all required court dates.
Another advantage of a cash bond is that there are no additional fees or interest charges that can be associated with a surety bond. With a surety bond, the defendant is typically required to pay a non-refundable fee to the bail bond agent in addition to the bail amount. However, with a cash bond, the defendant only pays the full amount of the bail, and there are no additional fees or charges.
Finally, a cash bond can provide a greater sense of control and autonomy for defendants and their families. With a surety bond, the defendant is required to work with a bail bond agent who will charge a fee and may have specific requirements and conditions for the defendant’s release. With a cash bond, the defendant or their family can post the bail directly with the court and have greater control over the terms of the release.
Risks Involved in Surety Bond
One of the main risks involved in a surety bond is that the defendant may fail to appear in court as required. If this happens, the bail bond agent is responsible for paying the full amount of the bail to the court. This means that if the defendant absconds, the bail bond agent may use a bail enforcement agent, commonly known as a bounty hunter, to locate and return the defendant to custody. The bail bond agent may also require collateral from the defendant or their family to ensure that they have the means to pay the bail if necessary.
Another risk of a surety bond is that the bail bond agent may impose certain conditions on the defendant’s release, such as requiring regular check-ins or limiting their travel. Failure to comply with these conditions can result in the bond being revoked, which would require the defendant to return to custody.
Finally, it’s important to note that the fee paid to the bail bond agent for a surety bond is non-refundable, even if the defendant appears in court as required and the case is resolved. This means that the cost of a surety bond can be higher than the cost of a cash bond in the long run.
Risks Involved in Cash Bond
One risk of a cash bond is that the defendant or their family must have access to the full amount of the bail upfront, which can be a significant financial burden. If the defendant fails to appear in court, the court will keep the full amount of the bail, which can be a substantial loss.
Another risk of a cash bond is that it can be difficult to get the full amount of the bail returned even if the defendant appears in court as required. This is because the court may take some time to process the paperwork and release the funds. Additionally, there may be administrative fees and other charges that are deducted from the bail amount before it is returned.
Finally, with a cash bond, the defendant or their family may have limited control over the terms of the release. For example, the court may require the defendant to surrender their passport or adhere to certain travel restrictions, which can limit their freedom of movement. Additionally, there may be additional requirements or conditions imposed on the release that can be more restrictive than those imposed with a surety bond.
Surety Bond vs Cash Bond
In conclusion, both surety bonds and cash bonds serve the same purpose of securing a defendant’s release from custody while ensuring that they appear in court as required. However, there are significant differences between the two.
A surety bond can be a more affordable option for defendants who are unable to pay the full amount of bail upfront, and it allows for a quicker release from custody. However, there are risks involved, such as the potential for the bail bond agent to impose conditions on the defendant’s release and the non-refundable fee paid to the bail bond agent.
A cash bond, on the other hand, can provide a greater sense of control and autonomy for the defendant and their family, and there are no additional fees or interest charges associated with the bail amount. However, there are risks involved, such as the significant financial burden of having to pay the full bail amount upfront and the potential difficulty in getting the full amount of the bail returned even if the defendant appears in court as required.
Ultimately, the choice between a surety bond and a cash bond depends on the individual circumstances of the defendant and their case, as well as their financial resources and level of risk tolerance. It’s important to carefully consider the advantages and risks of each option before making a decision.