Definition of Cash Bonds for Release from Jail
When you are arrested for a crime, there are two ways to gain your freedom while awaiting arraignment and trial. One is to be released on your own recognizance, which is a personal guarantee, usually afforded first offenders or those arrested for minor violations, that you will return for all court proceedings. The second is bail, the availability and amount of which vary by the severity of the crime and the state in which it was committed.
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Function
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The purpose of bail is to ensure that you return to court to be tried for your alleged offense. In most states, common crimes, such as disorderly conduct, have a specific bail schedule, which can be paid at the police station after you are booked. For other crimes, you must see a judge who sets your bail. In some jurisdictions this is done in a special bail court. In others, you must remain in custody until your initial court appearance, called an arraignment.
Considerations
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Bail can range into the millions, depending on numerous factors the court takes into account in reaching its decision. It can even be denied. Premeditated murder is typically a non-bailable offense. It can also cost nothing, if you are granted the ability to leave on your own recognizance. Factors law enforcement agencies consider before issuing a recognizance bond are ties to the community and prior record.
At a courtroom level, other factors are considered such as a job, a home, length of residence, family, prior record and prior history of missing court dates, which is called jumping bond. In some cases, usually if it is proven that the defendant possesses the means to flee, he is required to surrender his passport to the court.
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Bond
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Bond is the amount of money the court will accept to allow you to live freely while your trial is ongoing, as long as you attend all of your required hearings. In some states, the bond can automatically be lowered to 10 percent of the bail amount. In other words, if your bail is $1,000, your bond would be 10 percent of that, or $100. Other states only allow a judge to reduce the bail, by using the defendant's circumstances and the nature of the crime to reach a decision. The public's safety is always a prime concern.
Posting Bond
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Posting bond in all states is typically a cash-only deal. You can always pay with cash, but not all jurisdictions will accept personal checks. If the bond is high, they may accept a cashier's check or a certified check, but ask in your county what form of payment is acceptable. They will not accept the title to your home or car. If you refinance your home, and take the bond money from the proceeds, they will accept a cash payment from that.
Bondsmen
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Most states license businesses called bail bondsmen. Bail bondsmen will post the bail with the court, but may require additional collateral from you guaranteeing the full amount. Typically people use their houses and cars if this is requested. If the defendant appears in court as required, you get your collateral back when the trial concludes, less an administrative fee charged by the bondsmen. It can range from 10 to 20 percent. Five states do not regulate their fees. Five states do not allow bondsmen to operate. If you do not return to court, your collateral is lost to the bail bondsmen and a warrant is issued for your arrest..
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