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Surety Bonds vs Cash Bonds: How to Make the Right Choice

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If you or a loved one has been arrested and you need a bail bond to get out of jail, there are two possible routes to take. You can bail with a cash bond or a surety bond. The biggest difference between the two is that surety bonds involve more parties while cash bonds do not require this. 

They also differ when it comes to fees and how much money the arrested individual receives in return after their court date. We cover any and every question you have about cash bonds and surety bonds to help you better understand how they differ. 

What is a cash bond?

A cash bond, the simpler of the two, is cash held as a guarantee of payment. When bailing someone out of jail, it is usually much easier to post the full amount in cash. 

When posting bail with cash, the bond court holds the full amount to make sure the arrested shows up for their court date. If you don’t show up for court, they keep your cash. 

Advantages

Cash bonds are relatively simple and easy to understand, which is why they are recommended. If you never have been arrested before, this is the best route to take. The arrested individual can get the majority of their money back after court, with fewer court costs and fees to worry about. Additionally, there is no need to attempt to qualify for a bond. 

Disadvantages

The downside to cash bonds is that you may need to come up with a large quantity of cash. Everyone’s bond is different, depending on what they were arrested for. Most people don’t have that kind of access to large amounts of cash, which could leave the arrested individual stuck in jail as they await their trial. 

If they come up with the cash later on, they may experience problems with liquidity while waiting to receive the cash after court. 

What is a surety bond?

Surety bonds are made when the defendant hires a surety company to pay the bail money. In exchange for covering the bail, a surety company will charge the defendant a fee, which is often 10% of the bail. 

When the defendant shows up for their court date, the surety company is entitled to receive up to $10,000 back from the court and the defendant will get a portion of the 10% fee back. Sometimes, the money given back may be less due to fees charged by the bonding company. 

Advantages 

The best thing about surety bonds is that the defendant can be bailed out right away without having to come up with the cash to cover the entire bond. The defendant only has to worry about paying the small percentage or the standard 10% to the bond company in the meantime and may possibly get this payment back. 

When showing up for court, the defendant doesn’t have to worry about not having enough cash to be able to pay pending payments. 

Disadvantages 

What you need to be aware of when it comes to surety bonds is that a defendant is not always guaranteed to receive one. Surety companies require people to apply for the bond. The company then weighs the potential risks and outcomes before deciding if they want to issue the defendant the bond. 

People with poor chances or poor financial backgrounds may not qualify because, to the company, they do not look financially responsible. Surety bonds also call for higher fees than cash bonds. 

Who pays the bond?

With cash bonds, the defendant or a friend or family member are eligible to pay the full bond amount in cash. If the defendant shows up to their court date, the court returns the full cash amount and no one loses money. 

With surety bonds, more parties are involved. A defendant pays the bail bondsman a non-refundable premium. 

Who is at risk?

The risk always falls on the defendant, even when a bail bond company is involved due to a surety bond. If a defendant fails to pay the full amount, they will be charged extra fees from the surety bond company. When dealing with a cash bond, they will not get their money back if they fail to show up to their court date. 

How do I know what is the better option?

Knowing what works better for you all depends on your situation and how much you can pay upfront. For those who need the money as soon as possible, surety bonds are good options. Cash bonds are better options for people who have the financial means to pay the total bill and do not want to face fees later on. 

Find the Safest Route for You with Help from Freedom Bail 

You can always speak to a professional to learn about which bond is more beneficial. Freedom Bail Bonds of El Paso is here to help. You can contact us at (915) 877-9293 to learn more. 

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9 Important Questions to Ask a Bail Bond Agency

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When choosing a bail bond agency to work with, you need a good sense of judgment and all the information you can get about the company. When getting in touch with bail bond companies, you want to ask all the right questions to learn about their services and what exactly they can do to help you. We discuss the most important questions to ask to help narrow down your options.

What is the difference between bail and bond?  

Bail is the full cash payment of the bond order paid by the defendant to the court. Bail money can be returned at the end of trial if court requirements are met. A bond is posted on a defendant’s behalf, by a bail bond company, to secure the release of the defendant. Money paid as a fee for bond services will not be returned. 

How much will you charge for your services?

When you apply for a bond, you pay a certain percentage of the total bail amount to secure the loan. By doing so, you show the bail bond company that you are holding up your end of the loan, which protects them if you fail to pay the bond back in full. The total percentage of bail may vary from company to company. 

Are you licensed?

Bail bond agencies are typically regulated in most states, meaning you can rest assured that you are working with a licensed bail bondsman. With that being said, before agreeing to work with anyone, make sure the bail bondsman is licensed to operate in the state. You can ask for proof of licensing to make sure you are working with a reliable agency. 

What kinds of bail bonds do you provide?

Some bail bond agencies may only offer bonds on certain amounts of bail, meaning some will only work with small bail amounts. That means that there are other agencies that only provide bonds for high-dollar bail amounts. Because of this, do your research to make sure you work with an agency that can help with the bail you have been issued. 

How can I find out where a person is detained or if a bail amount has been set?

A bail bond agency can obtain and provide that information rather quickly. You can also contact the courthouse of the county in which the inmate is being held. Once the courthouse is discovered, a clerk may ask you for information about the inmate including their legal name, birth date, and case number to locate them and provide information on the bail amount. 

Do I need an attorney to post a bond?

You do not need an attorney to post a bond. You can post the full cash bail amount or arrange for a bond through a licensed bondsman or agency without an attorney. 

Do I have to put up collateral?

Bail collateral is offered in place of bail money in order to secure the release of the person who has been arrested, so depending on the situation, you may not have to post collateral. Consider the collateral a form of credit or loan to ensure that the person shows up in court. Collateral can come in many forms of assets. 

How quickly can you get me or a loved one out of jail?

Everyone’s case is different, therefore the time it will take to get you or a loved one out of jail will depend. A bail bondsman can usually provide a timeline regarding how quickly they can get their end of the bail process done. It is important to note that these agencies cannot control how quickly a jailhouse will process the release request. 

What happens once I or a loved one is out?

Once released from jail, you or a loved one are expected to attend all hearings and court dates on time. The bail bond agency you are working with will explain what you need to do in order to meet the terms of your bail. They will also explain what can happen if you miss your court dates or violate any other terms of your release. 

Have More Questions? Contact Us to Learn More  

Almost always, covering the full amount of bail can be rather difficult and out of reach. You don’t have to struggle with coming up with the money you need. Work with an experienced bail bond agency and you’ll be able to process your release as fast as possible. Contact our team to learn more about how we can help. 

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Don’t Be Caught Unawares: 7 Crucial Things To Know About Bail Bonds

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More than 10 million people are arrested each year nationally. If you or a loved one find yourselves among these numbers, you may consider a bail bond as a way to get out of jail. However, you should know a few things before choosing to use a bail bond.

1. Bail Bonds Aren’t a Get Out of Jail Free Card

Some people look at bail bonds as a get-out-of-jail-free card. It’s a common misconception that you can post bail using a bond and never worry about your arrest again. However, this is far from accurate.

For starters, the bond will need to be paid back. In addition to the total amount of your bail, there may be additional fees. Everything must be paid in full, according to the agreement between you and the bond company.

Additionally, there may be non-monetary requirements that have to be met. These usually depend on what you were arrested for. A few examples include:

  • Attending a drug education or rehabilitation program
  • Attending domestic violence or anger management classes
  • Not possessing a firearm
  • Maintaining gainful employment

2. Bail Fees Are Pre-Determined

It isn’t just a random number thrown out there when your bail is set. Instead, bail fees are calculated using pre-determined amounts that consider numerous factors.

A few examples of factors that affect bail fees include:

  • The crime committed
  • Prior convictions
  • Your determined flight risk
  • The severity of the crime

3. Bail Bonds Aren’t a Legal Right

Receiving a bail bond isn’t a legal right. A bond agency has the right to refuse its service to anyone at any time. If you’re well-established in the community and don’t have numerous prior convictions, you’ll likely be approved for a bail bond.

However, bonds are regularly refused to people who are deemed flight risks. But what does “flight risk” really mean?

A flight risk may mean you’ve previously skipped bail or failed to appear in court. It could also mean you don’t have family, a home, or a job in the area. Without these things holding you to the area, it’s assumed to be easier for you to flee.

It’s also important to know that if you flee or fail to show up for court, the bail bond agency can (and will) send someone after you. The person sent to retrieve you may be a bounty hunter or a bail bond enforcement agent.

When the retrieval specialist finds you, they’ll take you back to prison. Once you’ve been returned for fleeing a bail bond, you aren’t eligible to receive another one. This means it’s crucial to make your payments and show up to work on time.

4. Bail Bonds Can Have Multiple Co-signers

You must have at least one co-signer to receive a bail bond. This will be the person who visits the bail bond agency on your behalf. They’ll need to sign the contract along with you.

These co-signers accept responsibility for the person jailed. Essentially, they’re promising the detained person will attend court, won’t run away, and meet other requirements. Each bail bond can have multiple co-signers, but every co-signer will be held liable if the bond contract is broken.

5. There Are Multiple Bond Types

There are different types of bail bonds you might use. Which type is right for your circumstances will depend on your ability to pay or the kind of crime committed.

For example, a federal bail bond is necessary if you’ve been accused of a federal crime. These leverage higher fees and require more collateral compared to alternative options. If you can pay the total bail amount upfront in cash, it’s called a cash bond.

Most people will need to get a surety bond. This is when a third party (like a bail bond agency) agrees to step in and pay if the accused doesn’t make their appearance in court.

An alternative option is a property bond. This is when a property is placed against the bail fees instead of cash or other forms of collateral.

However, collateral can be often used instead of cash for most bail bond types. Commonly used collateral may include vehicles, high-value jewelry, or collectibles.

6. You May Not Have Your Bail Bond Refunded

In some cases, bail can be refunded in whole or part. This happens after a person makes their appearance in court and proves all bond requirements were met. If you paid the bail in cash, you should get your money back after the accused makes their court appearance.

However, you won’t get your money back if you use a surety bond. For a property bond, you’ll retain ownership of the property so long as the court date is attended.

In the unfortunate event that the person making bail doesn’t appear in court, all of the bail is forfeit. If you used collateral, you don’t receive it back. This includes any property placed against the bail.

7. Make the Process Faster by Having the Right Information

Before you contact a bail bond company, you’ll need to gather certain information. This makes the process faster and ensures you (or your loved one) make bail quickly.

You’ll need the full, legal name of the person arrested and the charges they’re being accused of. You’ll also need to know their booking number and the name of the jail where they’re being held.

If you can gather any other information about the arrest, this could be useful. For example, additional information may help determine whether you’re eligible for a bail bond.

Learn More About Bail Bonds

Although these are the most crucial things to know about bail bonds, this doesn’t cover everything. If you still have questions about bail bonds or the process of posting bail, contact us today.

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Did You Get Locked Up? Here’s How Bail and Bail Bonds Work!

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Have you or a loved one recently been thrown in jail? Are you confused about the bail process and what it means for your case? If so, then you need to learn as much as you can about bail and bail bonds.

Doing so can give you leverage, even in a murky situation. Knowing your options could mean the difference between sitting in jail or getting some freedom leading up to your court dates. It never hurts to learn more.

See below for an in-depth guide on how bail bonds work, as well as answers to other common questions regarding bail bonds.

What is Bail?

Everyone has heard of the phrase: “making bail”, but very few people actually understand the role that it plays after someone is arrested. 

Bail is the technical term used to describe the predetermined amount of money that a court sets for someone that’s been put in jail. If this bail is paid for in cash, then it allows the defendant (the person in jail) to be released from jail until their court date (which is also predetermined). 

Sounds easy enough, but here’s the catch: courts intentionally place the bail at a very high threshold. It’s often thousands of dollars. 

Why would they do that? To try and ensure that you can’t cover the bail. Most people don’t have $20,000 or more in cash to be placed towards paying bail, and if they do, then they’ll be sure to attend every court date that they’re given to avoid further penalty.

That’s the entire thought process around bail: to give the court insurance. Since the person in jail often can’t cover the cost of bail, they reach out to trusted bail bondsmen to post the bail for them. In doing so, the defendant is allowed to be released from jail on the understanding that they appear for their upcoming court date(s).

What Are Bail Bonds?

Now that you know what bail is, what are bail bonds? What does the term mean and how can it help you during this hectic time? 

As we just covered, when a defendant can’t afford to post bail for themselves (which is usually the case), they hire a bail bondsman to come in and post the bail for them. After that, the defendant is allowed to return home and await their court hearing.

Even though the defendant doesn’t have to sit in jail, there are still certain responsibilities that they are on the hook for. Those responsibilities depend on the case.

For civil cases, a bail bondsman will use a civil bail bond, which ensures that the defendant will pay back the entirety of the bond with interest as well as any additional costs the court assigns to them.

For criminal cases, a bondsman will use a criminal bail bond. This insinuates that the defendant will appear for his or her trial at the place and time that the court summons them. It also ensures that they will pay back the fines that the court assigns to the defendant. 

How is the Bail Bond Paid?

Once a judge sets the bail amount, the defendant can choose whether or not to post the bail. If they can’t afford it themselves, then they can hire a bail bondsman with the understanding that the defendant pays 10-percent of the total.

The rest of that bail bond is secured through various collateral that you might have. For example, you may use your car as collateral for your bail bond. 

Once all of the math adds up, the bail bondsman will post the bail, thus allowing you to return home to your family.

Why Are Bail Bonds Important?

You probably have a few answers for this question by reading this far into the article already. It’s no secret that being arrested is one of the most stressful moments in a person’s life. It doesn’t just affect them, but their loved ones as well.

Without bail bonds, most people wouldn’t be able to afford to post their bail. In other words: most people wouldn’t have any way to get out of jail before their court date.

That means that you’d be away from your family for what might be several months. There’s no way for you to get your affairs in order or reconnect with your loved ones before the court date occurs.

A bail bond ensures that you have time with your family during this time. Rather than sitting in jail, you can make the most of your time and try to start the path to correction.

What Happens During Court?

As we’ve touched on already, the bail is posted with the understanding that the defendant appears for their scheduled court date. But what happens from there? 

If the defendant doesn’t appear for court, then they’ll be forced to pay for the bail bond via the assets they used as collateral.

If the defendant does appear, then the bail bond is no longer needed. You’ll be able to receive all your collateral with no risk of losing it. Everybody wins and your court will conclude as quickly as possible.

Consider Bail Bonds for Your Situation Today

Now that you have seen an in-depth guide on what bail bonds are and why they’re so important, be sure to use all of this information to your advantage.

Take the time to read this article for more information on the impact that coronavirus has had on court proceedings. To get started, call us right away at 915-877-9293 and we will be happy to assist you further.

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The Impact of Coronavirus on Court Proceedings, Bail, & Legislative Changes

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The impacts of coronavirus on how we work, how we study, how we enjoy a meal at a restaurant, were all widely discussed and felt across the entire nation. The impacts of the pandemic on the jail system and court system were not such a hot topic, and yet it had considerable effects on people’s well-being across the spectrum. From prison workers to inmates, to court personnel and attorneys, America’s justice system had to do some improvising. 

So as we slowly move out of the worst of the pandemic era, we thought we’d look back at how this unprecedented health crisis impacted our jail and court system. 

Court Cases and Postponed Hearings During the Height of the Pandemic

In the early stages of the spread, most people were not sure of what was happening or how best to respond. For a good few months, many states closed their courtrooms and postponed jury trials. This had ripple effects across the whole system. As court systems decreased, many courts issued bail and bail reductions to reduce the crowding of prisons unnecessarily. 

For many people that were waiting for trials or hearings in jail, these pushbacks caused great uncertainty. Many district and state courts had to close their doors and thousands of cases were left floating in limbo. People that were waiting in jail for an upcoming trial, were dealt a bad hand. As NPR reported, the more than 3,000 jails across the country had to figure out how to avoid overcrowding and avoid people waiting endlessly for proceedings. The reports suggested that some jails had even used solitary confinement on people that had yet to be convicted, in an attempt to avoid the spread. This, of course, posed serious questions about the legality of that, given that many people in jail have yet to be convicted of any crime. 

Many police departments would issue a summons for low-level offenses instead of arresting people and taking them to jail. Parole hearings were also fast-tracked for those whose sentences were ending or who have pre-existing medical conditions. 

How the Virus Impacted the Prison System

Prisons and jails are not exactly places that can easily adapt to social distancing. Many prisons and jails were stunned by the virus and how quickly it spread, that response was slow and somewhat scrambled. Since the beginning of the pandemic, it has not been unusual to see prisons experience hundreds of covid-positive inmates in any given week at the same time. 

According to the New York Times, as of April of 2021, more than 661,000 incarcerated individuals and/or staff had been infected with the virus. An estimated 2,990 people had died. The Marshall Project reported about 512,864 cases had been reported as of June 2021. Numbers possibly vary because many prisons have limited testing capacity or don’t always test inmates after they pass away. Reports have suggested that jails and prisons struggled to respond to the pandemic adequately and have caused inmates to become vulnerable and frightened. 

As of February 2021, the Texas prison system has administered about 5,500 vaccines, but it is unclear how Texas began rolling out the vaccine across the prison population. 

People Released From Prisons to Avoid Overcrowding

As much as facilities tried to accommodate the difficult restrictions, thousands of people were released early. In April of 2020, over 16,000 inmates were released. People released early were vetter and said to pose little threat to society. The decision-making process differed as to who even qualified for early release. In neighboring New Mexico, for example, the governor signed an early release for those that qualified. Qualifications included that they could not be sex offenders, were not convicted of a DWI, and had no time for domestic abuse or assault. The Governor of Texas, Greg Abbot, specifically signed against the practice, preventing prisons from releasing people. In an executive order, the governor banned the practice of releasing people previously convicted of violent crimes.

 Prior to signing this executive order, some judges in the state had released inmates at no-cost personal bonds due to the pandemic. These bonds put a hold on the bail system and required people to come in for frequent check-ins and drug tests. After Harris County (Houston-area) released a murder suspect with only 3.5% of a $60,000 bond (a fraction of what is usually required), concerns were raised by Texas on the practice. Typically bonds are set based on specific criteria and the severity of the crime. Gov Abbott’s executive order was largely a response to these concerns.

Do You Know Someone in Need of Cash Bail? Contact Freedom Bail Bonds 

Here at Freedom Bail Bonds, we help people go back to their homes and lives while they await their day in court. Facing criminal charges is stressful and brings a lot of uncertainty. We know how difficult it is. 

Call us today and learn more about the process. We are here to help!