Bail bonds help a defendant to stay out of jail while awaiting trial. In some cases, the court will only release the accused on condition that you pay a cash bond. A cash-only bond or a bail bond is a financial guarantee to show up for court dates. It is contrastingly different from the surety bond, requiring the accused to pay the full amount of bail in cash.
Why the Court Orders Cash Bail Bond
There are numerous reasons why the court can assign a cash bond. The reasons include out of jurisdictional warranty, failure to pay fines, defendants considered a flight risk, and missing scheduled court appearances.
The court orders a cash-only bond to ensure the defendant appears in court or to secure a cash fine. It may decide to retain the cash bond and use it toward court costs and fines.
When the defendant fails to appear in the court hearing, the court will issue a Failure to Appear (FTA) charge. An arrest warrant will follow during a bond forfeiture hearing. The court will notify the bail bond agent of the warrant within ten days.
The good news is that the court will set a hearing within a reasonable period allowing the involved parties to show cause why the bond should not be forfeited. The court might cancel the forfeiture if the non-appearance was due to unavoidable circumstances.
Do you get a cash-only bond back? The Department of Finance holds the cash bail fund until the court closes the case and issues court order for a cash bail refund.
Cash Bond Refund
Cash only bond refunds go to the person who posted the bond. The court clerk’s office will provide you with a receipt as proof of payment once you post the bond. It is, therefore, imperative that keep this receipt safely.
Below Are Steps to Complete To Receive a Bond Refund
- Filing judgment or sentencing document, that exonerates the bond, in the office of the clerk
- The defense attorney prepares a Motion to Release Bond and Order Releasing Bond. The district attorney and defendant attorney must sign the motion. Also, the defense attorney must present the order and the motion to the judge to sign. The clerk will file the order once the judge appends his signature. Copies of the order and other supporting documents are taken to the Finance office.
- The finance office will contact the person who posted the cash bond to verify their identifying information and current address. The finance bond will contact the person who posted the bond once the finance office receives the signed order.
- The finance officer will then prepare the bond refund cheque and notify the person who posted the bond that the cheque is ready. You can, however, liaise with the office to have the cheque mailed to you, especially if you live quite far from the area.
When picking the cash bond refund, you will be required to provide an ID card and driver’s incense.
Get Your Cash Bond Refunded
Cash only bail requires that you pay the full amount of bail to be released from jail pending the conclusion of the case. However, you are liable for the bond refund after case sentencing. The most important thing is to ensure you have the bond receipt issued by the court clerk during payment. While it may take some time to receive a refund, the process is pretty much a breeze.