Secured Bonds – Cash or Surety

There are many, perhaps most, occasions when the court will require a bail bond to secure the appearance of the defendant at all necessary court hearings.  Most all cases will involved some level of secured bond including most misdemeanors.  There are a variety of secured bonds, including cash, surety bonds, and real property bonds.   Cash Bonds

In very serious cases or where the defendant has a history of not showing up for hearings, the court may set a cash only bond.   In the case where the defendant has a history on non-appearance in court, it simply may not be possible to get a bail bondsman to take the case.  In very serious cases or where flight risk is high, the court may set a high cash bond to provide heightened incentive to show up for court for the defendant, and/or the family and friends that posted the cash bond.

Cash or Surety

Most cases will set a cash or surety bond.   If you are released on a cash or surety bond, you have the option of seeking a bail bond or paying the cash yourself.   As with any bond, failure to appear will place your funds at jeopardy of seizure by the court.  The cash bond is the simplest, most straightforward means of securing bail.   However, it is generally the most difficult for defendants to utilize.  Even with relatively small bonds, many defendants simply cannot come up with the cash.

Surety Bonds

Surety bonds are bonds that must be signed by a third party. Surety bonds are the most common type of bond and are genearlly posted through a bail bondsman.  Typically, the bail bonding company will charge a fee of 10% which must be paid up front.  This amount is non-refundable.  It is the fee for bond company‘s services and use of their financial resources to secure the defendant‘s release. This means that, unlike a cash bond, the defendant does not get the fee refunded at the conclusion of the case.

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