In the realm of bail bonds, two types are deemed to be of paramount importance — cash bonds and surety bonds. Despite fulfilling similar purposes, stark differences are found when these two types of bonds are examined.
Cash bonds, as the name suggests, are those which must be paid in full, upfront, and in cash by the defendant. It is understood that this type of bond is typically utilized when the judge has concerns that the accused may not return for the scheduled court appearances. The complete amount of a cash bond is returned to the defendant once all court dates have been attended. However, if any court appearances are missed, the entire amount of the bond is forfeited.
On the other hand, surety bonds involve not only the defendant but also a third party, known as a bail bondsman or a surety. The bail bondsman ensures that the court will receive the full bail payment if the defendant does not show up in court. In return for this guarantee, the defendant pays a fee to the bail bondsman. This fee is non-refundable, even if the defendant appears at all court dates.
A significant difference between cash and surety bonds lies in the financial risk to the defendant. With cash bonds, the defendant risks losing the entire bail amount if a court date is missed. However, with surety bonds, the defendant only risks losing the fee paid to the bail bondsman.
Another difference is found in the ease of obtaining each type of bond. Cash bonds require the defendant to have immediate access to large amounts of money, which is often not feasible. Conversely, surety bonds can be obtained with a small percentage of the total bail amount, making them more accessible to many defendants.
The role of the bail bondsman is another key distinction between these two types of bonds. In the case of cash bonds, the defendant deals directly with the court. However, in the case of surety bonds, the bail bondsman acts as an intermediary between the defendant and the court. This can provide added assurance to the court that the bail conditions will be met.
While both cash bonds and surety bonds serve the same purpose of ensuring a defendant's appearance in court, the differences between them are significant. These differences encompass aspects such as financial risk, ease of obtaining the bond, and the involvement of a third party.
Contact a professional to learn more about bail bonds.
