Posting bail is frequently the quickest method to get out of jail. The bail system basically implies that after a person has been arrested, they can either pay their bond right away for less serious offenses or find out the amount at their court hearing.
The amount that must be paid is determined by the court at the bail hearing after considering the individual circumstances. The objective of the bail money is to assure that if the offender is freed, they will return and present at all of their scheduled court appearances.
The technicalities of how cash bonds and collateral work are two components of the bail bond system that seem to perplex individuals the most. Here’s a quick review of everything you need to know about posting bail with cash or collateral.
Cash Bonds
This is also known as cash bail because the defendant (or their family and friends) pays the entire bail fee in cash. Although it varies by district, most accept cashier’s checks and certified money orders. Personal cheques and credit cards are also accepted by some.
However, depending on the state, some courts will only accept monetary bonds for minor offenses such as traffic offences. Alternatives to cash bonds, such as property or collateral, are only utilized in rare instances in specific jurisdictions. Furthermore, some jurisdictions require offenders to hire a bail agency to guarantee the monetary bond amount.
The defendant gets released after paying a full cash bond. Their financial bail will be waived if they attend all of their court sessions as required. This indicates that it has been fully repaid (except for some minor court fees). The whole monetary bail is lost to the court and will not be returned if the offender fails to appear.
In essence, whoever posts bail assumes a significant financial risk. If the defendant fails to comply with the court’s release conditions and/or fails to appear at their court dates, the person who posted bail is accountable for the whole sum of the bond.
Always read the details of any documents you fill out, whether you’re posting bail for yourself or someone else. There are sometimes several alternatives for what happens to the cash bail, so make sure you understand what you’re agreeing to before signing.
Collateral
If the defendant’s family and friends are unable to pay the cash bail, they can hire a bail bondsman. A bail bondsman can post a paper or surety bond on behalf of the defendant for their release in exchange for a fee.
Additionally, employing a bail bondsman normally necessitates the provision of collateral. This collateral is equal to the full bail sum, and it ensures that they will be able to pay the court if the offender fails to appear in court. Property (such as a paid-off home) or high-value commodities such as yachts, vehicles, and jewelry are common examples of good collateral. Once the charges are dropped or the full trial procedure is completed, the collateral will be returned if the bail bondsman’s premium has been paid.
