There are lots of questions from people trying to get their loved ones out of jail. This guide takes someone through the process of what to expect when trying to bond a loved one out.
Cash Bond vs. Bail Bond
What Is a Cash Bond?
A cash bond is the full amount of the bond given to the jail in a money order. It cannot be paid in cash. It would have to be a money order or a certified cashier’s check.
The payment goes to the booking and release center. Walking up to the window and letting them know who the visit is for and that a cash bond is being paid is all that is needed.
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The jail holds that money until the case is over. Once all of the court costs and fines are paid with that money, whatever is left over is returned. That is not after the first court date. That would be once the case is over. An aggravated battery case could take up to three years. So the person posting the cash bond would be without that money for up to three years. And if the defendant is found guilty, the government can take fees and fines out of that money even though it was not the poster’s case.
What Is a Bail Bond?
A bail bond, also called a surety bond, works differently. A bondsman essentially loans the full bond amount. The fee is a percentage of the bond, which is nonrefundable. Nothing else would be owed after that.
Indemnitor
He is the one signing and guaranteeing the full bond amount.
Information required includes a driver’s license and at least the last four digits of a Social Security number. Marital status is also asked for. That is important because if the bondsman cannot get in touch with the indemnitor, there is someone else who can be reached out to.
The indemnitor’s automobile information is also collected, not as collateral, but in case there is a need to locate the indemnitor.
What Paperwork Is Involved?
There are three forms involved in the process of posting a bail bond.
The first is the indemnitor application and agreement. This is all of the indemnitor’s information. The bondsman needs to know a little bit about the indemnitor since they are the ones guaranteeing the bond amount if the defendant fails to appear.
The second is the promissory note. This is where the indemnitor is guaranteeing the bond amount if the defendant fails to appear.
The third is the collateral receipt. This is for the collateral being held, as well as a receipt for the indemnitor agreement and the promissory note that were signed.
What Happens If the Defendant Does Not Show Up to Court?
If the bondsman is able to get the defendant back in custody before the 60 days are up, the indemnitor would no longer be responsible for the full bond amount.
The bondsman does try to work with the person to resolve the issue if possible. If that is not available, then getting the defendant back in custody somehow becomes necessary.
The indemnitor’s job is to make sure the defendant goes to any and all court dates until the case is over. That is the guarantee being signed for.
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Frequently Asked Questions
What is a cash bond, and how is it paid?
A cash bond is the full amount of the bond, which would be given to the jail in a money order. You would go into the booking and release center, walk up to the window, and let them know who you’re there to post for and that you want to pay the cash bond. It cannot be paid in cash. It would have to be a money order or certified cashier’s check.
Do you get the cash bond money back?
They would hold it until the case is over. Once all of the court costs and fines were paid with that money, whatever is left over would be returned to you. That would be once the case is over, not after the first court date. It could take up to three years for the case to conclude.
What does the bail bond fee get you?
The bondsman is basically loaning you the full bond amount. The fee is a set percentage, which is nonrefundable. You would never owe anything after that. The bondsman takes care of everything else with the jail. You would not have to do anything with the jail.
What is an indemnitor?
The indemnitor is the person who is signing and guaranteeing the full bond amount if the defendant fails to appear. The bondsman needs to know a little bit about the indemnitor since they are the ones guaranteeing the bond amount.
What happens if the defendant misses a court date?
If he failed to appear, that’s when you would be responsible for reimbursing the bondsman the full bond amount. If the bondsman were able to get him back in custody before the 60 days are up, then you would no longer be responsible for that amount.
Conclusion
Getting a loved one out of jail means choosing between a cash bond and a bail bond. A bail bond requires a nonrefundable percentage fee. The bondsman takes care of everything else with the jail. The indemnitor signs a guarantee guaranteeing the full bond amount and makes sure the defendant goes to any and all court dates until the case is over.