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Cash bonds are returned to the one who posted them when the Court orders the bond exonerated or when the case has been completed. Cash bonds may not be returned if the Court forfeits the bond for payment of fines or if the defendant Failed to Appear to his hearing. For a complete discussion of cash bonds and Frequently Asked Questions see http://cashonlybailbonds.com/faqs.html
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What does cash only bond mean?
It means that the arrested person may only bail themselves out with cash. They cannot seek a bondsmen to assist in their bail. In this situation the 10% option is discarded and bail will only happen if the defendant pays the full cash value of the bond.
Does a bail bondsman pay the entire bond amount?
The bail bondsmand does not pay the full amount unless the defendant fails to appear at trial or any hearings that require his appearance. A licensed bail bond company enters into an agreement with the defendant and the court. The defendant pays the bail bond company a fee, usually 10--15% of the bond amount set by the court. The bail bond company agrees to pay the court the amount of the bond if the defendant fails to appear for trial at any point that he is out on bail. The bail bond company does not actually provide the bond amount unless the defendant fails to appear.Sometimes the court will require that a defendant obtain a corporate surety bail bond even if he has the assets to put up for bail. This is usually done when the defendant has access to a considerable amount of assets, say proceeds from an illegal activity, and the court wants a third party to guarantee the defendant's appearance. Bail bond companies don't like to pay bonds when their clients "skip" trial, and will pursue the defendant relentlessly. For that reason, some judges will order a defendant held pending establishment of a corporate surety bond.Also, most bail bond companies don't actually have the funds on hand. They are financed by finance companies who specialize in providing such bonds. If the defendant fails to appear and is declared a fugitive, the financing company is the one who actually provides the funds. However, the bail bond company is still obligated to the financing company. If the amount of bond is high, most bail bondsmen will require the defendant, or someone willing to assist the defendant, to put up an asset as collateral. This quite often is real estate, in which case the defendant mortgages his property to the bail bondsman.In some jurisdiction, the court will allow the defendant to pay to the court the usual percentage in lieu of obtaining a bond. So, if the court sets the bond amount at, say, $10,000, the defendant can pay the court $1000 cash in lieu of obtaining the bond. In most cases, the defendant receives a refund of the cash amount once his case has been adjudicated. This usually only happens when the risk-of-flight of the defendant is considered minimal
What is the role of a bail bondsman?
A bail bondsman or bail bond company is an individual or company that is licensed by the state to provide corporate surety bail bonds in criminal cases. A licensed bail bond company enters into an agreement with the defendant and the court. The defendant pays the bail bond company a fee, usually 10--15% of the bond amount set by the court. The bail bond company agrees to pay the court the amount of the bond if the defendant fails to appear for trial at any point that he is out on bail. The bail bond company does not actually provide the bond amount unless the defendant fails to appear. Sometimes the court will require that a defendant obtain a corporate surety bail bond even if he has the assets to put up for bail. This is usually done when the defendant has access to a considerable amount of assets, say proceeds from an illegal activity, and the court wants a third party to guarantee the defendant's appearance. Bail bond companies don't like to pay bonds when their clients "skip" trial, and will pursue the defendant relentlessly. For that reason, some judges will order a defendant held pending establishment of a corporate surety bond. Also, most bail bond companies don't actually have the funds on hand. They are financed by finance companies who specialize in providing such bonds. If the defendant fails to appear and is declared a fugitive, the financing company is the one who actually provides the funds. However, the bail bond company is still obligated to the financing company. If the amount of bond is high, most bail bondsmen will require the defendant, or someone willing to assist the defendant, to put up an asset as collateral. This quite often is real estate, in which case the defendant mortgages his property to the bail bondsman. In some jurisdiction, the court will allow the defendant to pay to the court the usual percentage in lieu of obtaining a bond. So, if the court sets the bond amount at, say, $10,000, the defendant can pay the court $1000 cash in lieu of obtaining the bond. In most cases, the defendant receives a refund of the cash amount once his case has been adjudicated. This usually only happens when the risk-of-flight of the defendant is considered minimal.
Bail?
Bail is an amount of money or bond that a criminal defendant may be ordered to pay before being released from custody pending trial.Purpose of BailThe purpose of bail is to guarantee the appearance of the defendant in court when required at future trial proceedings. Generally the conditions and amount of Bail are set by the judge or other court officer during the defendant's first appearance. It is also possible that the judge may release the defendant on his/her own recognizance - which is the defendant's written, uninsured promise to return for trial. Such a release occurs only if the suspect has steady employment, stable family ties, and a history of residence in the community. Willful violation of the terms of a personal recognizance constitutes a crime. Or the judge can simply deny bail, and remand the accused pending trial.Bail is mostly associated with criminal proceedings, but can also be granted in some civil cases to secure payment of a debt. In criminal law, bail is granted on the basis of the circumstances and seriousness of the crime. Serious misdemeanor cases and felonies often require a bail determination. Bail can be sought by the accused person during the pre-trial period or pending execution of sentence. The question of bail also comes into play while an appeal of a conviction or sentence is pending.The Sixth Amendment to the Constitution mandates that a suspect must “Be informed of the nature and cause of the accusation.” so as to enable the person to seek bail. However, there is no absolute right to bail. Initially, The Bail Reform Act of 1966 provided that a non-capital defendant is to be released on bailpending trial, unless the judicial officer determines that granting bail will not adequately assure the defendant’s appearance at trial. However, The Bail Reform Act of 1984, codified at United States Code, Title 18, Sections 3141-3150 replaced the Bail Reform Act of 1966. The new Act provides for detention of the accused where necessary for the safety of the community. According to the Bail Reform Act of 1984, persons charged with a crime of violence, an offense for which the maximum sentence is life imprisonment or death, certain drug offenses for which the maximum offense is greater than 10 years, repeat felony offenders, or if the defendant poses a serious risk of flight, obstruction of justice, or witness tampering are subject to detention without bail.Bail may not be granted in the following circumstances:* Where the defendant is undergoing a custodial sentence for another offence.* Where the court finds that it is not feasible to obtain sufficient information,* Where it is determined that continued custody is necessary for the defendant’s own safety and protection.* Where the defendant has absconded or breached a bail.* Where the defendant has been convicted, but the court is waiting for a report or inquiry, and such inquiry would be difficult to complete without keeping the defendant in custody.POSTING BAILOnce a court has set the amount of bail, that amount, or a specified percentage, is paid to the court. Payment may be made in cash or in an approved cash substitute, such as a money order or cashier’s check. A defendant may post his or her own bail, or may find another person to do so.Once bail has been posted, the court will issue a document or a court order that shows the defendant may be released.If another person posts bond on the behalf of a defendant, the bail bond becomes a three-party contract between the defendant, the court, and the surety. The surety is the party who, at the request of a defendant, becomes responsible for securing the defendant’s appearance in court. People who may act as a surety for a criminal bond include licensed bond agents and friends and relatives of the defendant. As part of the contract, the defendant promises to appear at future proceedings. The surety promises to forfeit to the court the amount of the bond if the defendant fails to appear as required.PENALTYThe penalty for failure to appear as required after release is a fine, imprisonment, or both. Federal law provides that any term of imprisonment for failure to appear must run consecutively to any other criminal sentence. However, if uncontrollable circumstances caused the failure to appear, and if the person immediately appeared once it was possible to do so, the person will have a valid defense to the failure to appear charge.Once a case is over and all obligations have been fulfilled, the bond money is typically returned. Sometimes administrative costs are deducted.Disclaimer:This article is a guideline and is not legal advice - No information here iswarrantedorguaranteedfor any purpose., as laws vary from state to state, it is not intended to be an all inclusive discussion of the law applicable to any action in your state. Please consult with a legal professional when appropriate - if you are charged with a crime, contact a criminal defense attorney.[video=]
Someone wrote you a check for 975.00 but there is no money in the account?
If someone writes you a check for $975.00 and there are insufficient funds in their account, the check will likely bounce or be returned unpaid when you try to cash or deposit it. You should contact the person who wrote the check to discuss the situation and potentially find an alternative payment method.
What does 25000 cash bond mean?
A $25,000 cash bond refers to a financial guarantee that a defendant must pay in full to secure their release from custody while awaiting trial. This amount is held as collateral to ensure that the defendant appears for all required court proceedings. If the defendant fails to appear, the bond may be forfeited, and the court can issue a warrant for their arrest. If the defendant complies with all court requirements, the bond is typically refunded at the conclusion of the case.
What can happen to someone who posted bail for someone else and that someone else fled?
If the person posted a cash or property bond for the defendant, the person will lose their cash or property. If the person hired a bondsman for the defendant, the bondsman will be liable for the difference, and will send a bounty hunter after the defendant. They may or may not come back to the original person for the balance of the bond, depending on applicable state law and the circumstances.
What does it mean to allow a person to be released on 249K bond?
It means that the defendant may be released from jail prior to trial by posting a cash or property bond in the value of $249,000.00 with the court. That amount was deemed by the court sufficient to ensure the defendant's appearance at trial.
What types of bail bonds are there?
Collateral or cash bond (actual cash posted or pledged) -Surety or Bail bond where the bond is furnished by a third party who (usually for a fee) pledges their own assets to cover the cost - and,Property bond where assets (e.g.: property - business - vehicle - anything of value which can be converted to cash) is liened by the court for the defendant's release.
Is the person who hires a bail bondsman responsible for the whole bail amount if the defendant fails their obligation?
When a Bail Bond Company writes a bond, they are responsible for the bond amount if the defendant fails to appear. The indemnitor (person who gives collateral for the bond) is responsible to the extent that they will lose whatever they gave the bondsman for collateral if the bond is forfeited. That is why bond agencies try to find the defendant and bring him to jail before the bond forfeiture hearing, so they do not have to pay the courts the amount of the bond. Bond companies pay the courts in CASH regardless of what type of collateral was used for the bond.
What is the type of bail where the defendant deposits a percentage of the bail amount?
It is called a corporate surety bail bond. A licensed bail bond company enters into an agreement with the defendant and the court. The defendant pays the bail bond company a fee, usually 10--15% of the bond amount set by the court. The bail bond company agrees to pay the court the amount of the bond if the defendant fails to appear for trial at any point that he is out on bail. The bail bond company does not actually provide the bond amount unless the defendant fails to appear.Sometimes the court will require that a defendant obtain a corporate surety bail bond even if he has the assets to put up for bail. This is usually done when the defendant has access to a considerable amount of assets, say proceeds from an illegal activity, and the court wants a third party to guarantee the defendant's appearance. Bail bond companies don't like to pay bonds when their clients "skip" trial, and will pursue the defendant relentlessly. For that reason, some judges will order a defendant held pending establishment of a corporate surety bond.Also, most bail bond companies don't actually have the funds on hand. They are financed by finance companies who specialize in providing such bonds. If the defendant fails to appear and is declared a fugitive, the financing company is the one who actually provides the funds. However, the bail bond company is still obligated to the financing company. If the amount of bond is high, most bail bondsmen will require the defendant, or someone willing to assist the defendant, to put up an asset as collateral. This quite often is real estate, in which case the defendant mortgages his property to the bail bondsman.In some jurisdiction, the court will allow the defendant to pay to the court the usual percentage in lieu of obtaining a bond. So, if the court sets the bond amount at, say, $10,000, the defendant can pay the court $1000 cash in lieu of obtaining the bond. In most cases, the defendant receives a refund of the cash amount once his case has been adjudicated. This usually only happens when the risk-of-flight of the defendant is considered minimal.
What does release ORDER SECURED APPEARANCE BOND MEAN?
A "Release Order Secured Appearance Bond" is a legal document issued by a court that allows a defendant to be released from custody while ensuring their appearance at future court dates. The bond is typically secured by collateral, such as property or a cash deposit, which guarantees the court that the defendant will comply with all conditions of their release. If the defendant fails to appear, the court may forfeit the bond and take possession of the collateral.
What does cash only bond mean?
It means that the arrested person may only bail themselves out with cash. They cannot seek a bondsmen to assist in their bail. In this situation the 10% option is discarded and bail will only happen if the defendant pays the full cash value of the bond.
Does a bail bondsman pay the entire bond amount?
The bail bondsmand does not pay the full amount unless the defendant fails to appear at trial or any hearings that require his appearance. A licensed bail bond company enters into an agreement with the defendant and the court. The defendant pays the bail bond company a fee, usually 10--15% of the bond amount set by the court. The bail bond company agrees to pay the court the amount of the bond if the defendant fails to appear for trial at any point that he is out on bail. The bail bond company does not actually provide the bond amount unless the defendant fails to appear.Sometimes the court will require that a defendant obtain a corporate surety bail bond even if he has the assets to put up for bail. This is usually done when the defendant has access to a considerable amount of assets, say proceeds from an illegal activity, and the court wants a third party to guarantee the defendant's appearance. Bail bond companies don't like to pay bonds when their clients "skip" trial, and will pursue the defendant relentlessly. For that reason, some judges will order a defendant held pending establishment of a corporate surety bond.Also, most bail bond companies don't actually have the funds on hand. They are financed by finance companies who specialize in providing such bonds. If the defendant fails to appear and is declared a fugitive, the financing company is the one who actually provides the funds. However, the bail bond company is still obligated to the financing company. If the amount of bond is high, most bail bondsmen will require the defendant, or someone willing to assist the defendant, to put up an asset as collateral. This quite often is real estate, in which case the defendant mortgages his property to the bail bondsman.In some jurisdiction, the court will allow the defendant to pay to the court the usual percentage in lieu of obtaining a bond. So, if the court sets the bond amount at, say, $10,000, the defendant can pay the court $1000 cash in lieu of obtaining the bond. In most cases, the defendant receives a refund of the cash amount once his case has been adjudicated. This usually only happens when the risk-of-flight of the defendant is considered minimal
What is the difference between the judge giving a surety bond or cash surety?
A surety bond can be supplied by a bailbondsman who only puts up a percentage of the amount of money needed, but is liable for the whole amount if the defendant absconds. Cash surety is the ENTIRE amount of the bond must be posted, not just a percentage of it, as in the previous example.
What does th XC stand for on a 5500XC bond?
XC is a designation of a split bond used by the Marion County Indiana Superior Courts. The XC designation means the bond is composed of a cash bond and a surety bond. The cash bond component may be posted by anyone in the entire cash bond amount ordered by the court. The surety bond is posted by a commercial bail bondsman. The bail bondsman charges 10% of the surety bond amount set by the court. All or a portion of the cash bond deposit can be refunded by the court. By law, the amount paid to the bail bondsman may not be refunded. In this instance of a $5500 XC bond, the cash bond is $500 dollars and the surety bond is $5000. The total paid to post the bond would be $1000: $500 cash and $500 dollars to a commercial bail bondsman.
What is a collateral bail bond?
Collateral sometimes has to be put up for a bail bond in order to get the defendant out of jail. For instance, assuming the bail is set at $10,000, 10% of the total, the premium, has to be paid upfront in cash, which is not returnable; the remaining $9,000 would need to be presented to the bail bondsman in the form of collateral to ensure that if the defendant jumped bail, the bail bondsman would be guaranteed his money.TypesFunctionCollateral would be accepted in the form of a credit card payment, vehicle titles, assets on paper, mortgage deeds or cars and other vehicles. The bail bondsman will hold all titles or charge the credit card, holding the cash until the defendant shows up in court. All collateral is returned once the defendant makes an appearance. IdentificationCollateral is required for some crimes or repeat offenders who may be a flight-risk and may not show up to court. Friends or family who are willing to place their valuables or homes as security will surrender titles to the bail bondsman as collateral. All collateral is returned providing the defendant goes to court on the dates specified and doesn't skip or jump bail. Time FrameThe person putting up bond for the defendant is called the indemnitor. If the defendant chooses to skip or jump bail, she will lose the collateral she put up; she will, however, have time to produce the cash in return for the collateral items. WarningShould the defendant miss his scheduled court appearances, there is a 120-day waiting period to allow the defendant or his attorney to set another court date for the hearing. If that time period should lapse without a court date being set, all collateral would be forfeited by the indemnitor.Before the indemnitor signs any contracts or hands over any notes, cash or titles on the defendant's behalf, a thorough explanation is given by the bail bondsman as to how the collateral will be used and about the time constraints within the contract in order that she will fully understand what she is signing.
