How to get around cash-only bond

How to get around cash only bond

Looking for ways to navigate around a cash-only bond?

When someone is arrested for a crime and imprisoned, the court usually sets a bail amount. This is the amount the defendant must pay to the court to be released from jail and ensure they will appear in court. The bail amount can be set as a surety or cash bond.

A surety bond is a type in which a third party, usually a bail bondsman, pays the entire bail amount on behalf of the defendant. The defendant then pays the bail bondsman a non-refundable fee, usually around 10% of the bail amount, and the bail bondsman takes responsibility for the defendant's appearance in court.

A cash bond, on the other hand, requires the defendant to pay the full bail amount to the court. In some cases, the defendant may be able to pay only 10% of the bail amount, but most of the time, the total amount must be paid.

However, if a defendant cannot afford to pay the full cash bond, they may contact a bail bondsman for help. Bail bondsmen are licensed agents authorized to post bail on behalf of defendants. They charge a non-refundable fee, typically around 8-10% of the bail amount, and take responsibility for ensuring that the defendant appears in court.

Even though bail bondsmen are licensed agents, they cannot switch a cash bond to a surety bond. Only an attorney can file a motion on behalf of the defendant to request a bail review hearing to change a cash bond to a surety bond.

At the bail review hearing, the judge will review the defendant's bail amount and decide whether to lower or raise it. However, it is essential to note that the judge may not switch the bond from cash to surety. The judge may also decide to keep the bond amount the same. Factors such as the defendant's criminal history, failure to appear, and habitual offender status may all play a role in the judge's decision.

If the judge decides to switch the bond to a surety bond, the defendant can contact a local bail bondsman to pay the 8% premium on the bond amount. The bail bondsman will then take responsibility for the defendant's appearance in court.

In conclusion, when a defendant is incarcerated, they may be required to pay a bail amount to be released. This amount can be set as either cash or surety bonds. If a defendant cannot afford to pay the total amount of a cash bond, they may contact a bail bondsman to help them. However, if they want to switch from a cash bond to a surety bond, they must have their attorney file a motion for a bail review hearing. Suppose the judge decides to switch the bond to a surety bond. In that case, the defendant can contact a local bail bondsman to pay the premium and take responsibility for the defendant appearing in court.