A cash bond is a type of bond that requires the defendant to pay the full amount of the bail in cash. The court only accepts cash as security instead of property or collateral. However, many courts accept secured payment methods, such as credit cards. Once the defendant pays the cash, they are released pending bail. If the defendant shows up for court, he gets the cash back less any court charges.
Cash only bail bond is common in cases where the judge considers the accused a flight risk, especially where the defendant has a history of failing to pay fines. The court, therefore, receives cash if the accused fails to appear during court proceedings.
People Allowed to Post Cash only Bond
Typically, the court allows the defendant, relatives or a third party to post the cash. The third-party can be a friend or a bail bondsman. Here is an important point. The court might not return the full cash if the defendant is convicted of their crimes even if they adhered to the set terms and conditions of the bond. The state laws allow the judge to apply cash bond toward fines and penalties of the punishment. Typically, the money is forfeited if the defendant fails to appear in the next court proceeding.
The Procedure of Posting Cash Bond
The specific process of cash and payment vary from state to state. Generally, the procedure is pretty straightforward. You pay the money at the cashier window and get a receipt. Ensure a third party receives the receipt if they are paying the cash only bail using your money. In fact, cash only bond refund is made to the person listed on the receipt.
What Happens After Paying the Cash Bond?
Just like any other bond, you are released from jail once you pay your cash bond. You must adhere to the bond conditions and attend all court proceeding until the end of the case. Failure to show up for court will result in bond revocation. The judge will also issue a warrant for your arrest.
After posting the cash only bail, the court will hold the money in a trust account until the end of the case. If you are innocent, the court will exonerate the bond and give the money back to you. If you are guilty, the court will exonerate the bond but retain part of the money. The case is considered concluded after the defendant is placed on probation, remanded in custody, reports to prison as directed by US marshals or the case is dismissed entirely.
Pros of Cash Only Bonds
Cash only bail bonds are relatively straightforward and simple to underhand. After the conclusion of the case, you get cash bond refund less the small court fees and costs. You do not have to go looking for a surety company or cash only bonds agent.
There is a special requirement for drug trafficking charges. You must prove that many for the bond are from non-drug revenues sources.
A cash only bond is paid in cash for the defendant to secure release pending the outcome of the case. The court returns most of the money after the conclusion of the case.