BY |
The entire bail system rests on the presumption of innocence unless proven guilty. To use it properly, you have to understand its basic principles, like the difference between bail and bail bond. Courts grant bail to allow release before the trial takes place. However, various factors are taken into consideration, specifically your financial situation.
Some people pay the full amount directly, while others rely on bail bonds. Each option has its advantages and drawbacks, and without understanding each option, you risk facing delays with your release or unnecessary complexities. However, when you know the difference between bail and bond, you can use the options correctly. This article covers bail vs bond and cash bail vs bail bond to help you better understand the bail system in California.
An Overview of Bail, Cash Bail, and Bail Bond
The bail process in California begins with the court setting the amount you need to pay to be released before trial. The amount is usually determined from a county-specific bail schedule or by a judge at your arraignment, with the possibility of adjustments during a bail hearing. You can pay the full bail amount in cash or be released through a bail bond.
Each county in California has a bail schedule. The bail schedule lists all standard amounts for various offenses. Usually, the bail amounts are updated once a year. After your arrest, the police will most often apply the amount on the schedule, allowing you to be released from custody if you pay it before your trial date.
Alternatively, bail can be set at your arraignment, usually within 48 hours of your arrest. It could take 72 hours if you were arrested on a weekend or holiday. The arraignment is your first court session after your arrest. When you go before a judge, your bail amount could be adjusted. The adjustment could be because of:
- Your criminal history.
- Your risk of fleeing the jurisdiction (flight risk).
- The severity of your crime.
If you or the prosecution is unhappy with the bail amount, either side, you or the prosecution, can request a bail hearing. Financial hardships or ties to the community may be grounds a judge would consider for reducing the bail amount. Alternatively, the judge could increase the amount if the prosecution shows you are a danger to the community or the alleged victims.
Once the judge has set a bail amount, for instance, $10,000, you can either pay cash bail or use a bail bond. If you go for cash bail, you must pay the entire $10,000 to the court through a cashier’s check or money order, subject to county rules. You will receive this money back at the end of your case, less administrative costs, typically 2 to 3%.
Using a cash bail means you must have access to the full $10,000 immediately. You can be released from jail within hours if paid before your arraignment. If you pay after your arraignment, it will be processed after the court approves it. If you fail to show up in court, you will lose your cash, and the court will issue a warrant for your arrest.
The bail bond option is more common in California. Once bail is set, you or your family members will contact a licensed bail bondsman. Bail bondsmen charge a fee, which is not refundable. Most charge a fee of 10% of the bail amount. So, if the bail amount is $10,000, the cost will be $1,000, which he/she keeps whether or not you win your case.
The bail bondsman posts a bond with the court to pay the entire amount. If you go to all your court hearings, the bond will be lifted, and the court’s conditions end. If you do not attend court, the bail bondsman will be on the hook for the entire bail amount. They can track you down or any co-signers who may have put up collateral like your car or house in a bid to recover their losses.
The Key Differences Between Cash Bail and Bail Bonds
While cash bail and bail bonds help you be released, they differ in several ways. Some of the key issues that bring out the differences between cash bail and bail bonds in the cash bail vs. bail bond conversation include the following:
Upfront Financial Commitment
It can be tough to pay cash bail upfront. If your bail is $20,000, you must come up with the full amount quickly. This could be a significant financial problem if you do not have that money readily available. You might have to liquidate your assets, take a loan, or ask family or friends for assistance. The amounts are inaccessible to many.
Unlike cash bail, bail bonds require a lower initial payment. You pay the 10% premium, which in a $20,000 bail ask, the amount you pay would translate to $2,000. The bail bondsman covers the remaining $18,000. Even though bail bonds are cheaper initially, the premium is also costly in the long term since it is non-refundable.
Financial Structure and Refundability
The main difference between cash bail and bail bonds is how they are paid and whether you can recover your money.
You need to pay the full bail amount if you have a cash bail. You will need to deposit the sum in court by yourself or have someone do it on your behalf. The court will keep this money to guarantee that you will attend future hearings. If you attend all your court appearances, the court will refund you the entire bail amount, less administrative fees.
However, you will pay a non-refundable premium or fee with a bail bond. Usually, this charge is 10% of the bail amount. If your case is dismissed or you are acquitted, you will still be unable to recover the bail bond fee. The premium is the bail bondsman's service charge for covering the risk of paying the bail amount.
Involvement of Third Parties
Another essential difference is the involvement of a third party. With cash bail, no intermediary is required. You or your loved one pays the court the full bail amount. Cash bail is simple, and you only deal with the court clerks or jail staff as set by the court terms.
A licensed bail bondsman is needed as an intermediary for bail bonds. After paying the premium, the bail bondsman guarantees the whole bail amount. They ensure payment goes to the court. This agreement creates a contract between you, the bail bondsman, and the court. Naturally, the bail bondsman would want to protect their money, so they could impose additional terms, like asking for collateral for their services.
Collateral Requirements
Between cash bail and bail bonds, collateral requirements vary a lot. You will secure your release after paying the full bail amount in cash. The court will accept your payment, and no other collateral is needed.
In contrast, bail bonds could require collateral along with the premium. The bondsman could request property, jewelry, a car, or other valuables based on how large your bail is and your unique situation. The bail bondsman uses collateral should you fail to appear in court to recover the entire amount.
If you skip a hearing, the bail bondsman could take your asset to make up the loss. This extra stipulation makes bail bonds more risky for you since you may lose your assets if you do not comply.
Risks and Additional Costs
Both cash bail and bail bonds are risky, but one is riskier than the other.
When it comes to cash bail, you only lose the cash you pay if you fail to attend court sessions. If you fail to appear in court, the court forfeits your bail, and you do not get the money back. However, you will receive a complete refund minus the administrative fees if you meet all the court conditions. The risk here is limited to the initial amount you paid.
On the other hand, bail bonds introduce greater risks. If you fail to show up for court, the bail bondsman has to pay the whole bail value. To recover this money, the bail bondsman can pursue you for repayment. If you provide collateral, they can seize and dispose of those assets. Alternatively, if you do not pay, the bail bondsman will sue you to recover this money, especially if you did not attach collateral. This adds a layer of complexity and risk to the bail bond process.
If unsure whether you will meet the court’s requirements, a bail bond becomes a less favorable option, especially for cosigners.
Processing Time and Complexity
The time taken to process cash bail is quicker and easier. Usually, once you pay the total bail amount, you are released within a few hours, depending on the jail or court. The system is straightforward, and you work directly with the court. Sometimes, you might have to wait a while because the volume of release requests is high. Other than that, it is a pretty simple system, and you deal with the court directly.
Certain situations warrant bail bonds to expedite your release. Bail bondsmen are available 24/7, have relationships with the courts, and may be able to move the process along faster than you can on your own. After that, you must still negotiate the bail bond contract, put up collateral (if needed), and sign the agreement before the bail bondsman can post bail. Because of the added complexity of these steps, the bail process could take longer than cash bail, although it can still lead to a faster release in certain situations.
Regulation and Oversight
Another key difference between cash bail and bail bonds is their oversight. The cash bail system is run by public institutions, mainly the court and the county office. Because it is a public process, you interact with government entities. There is not much variation in how cash bail is handled.
In contrast, the California Department of Insurance regulates bail bonds. The department licenses and regulates bail bondsmen but is not responsible for the bail bondsman's business operations. Since this is a private industry, the terms and conditions bail bondsmen impose can vary. Depending on the bail bondsman you work with, you may be subject to different practices.
Bail bondsmen are licensed, but the oversight is less centralized or uniform than cash bail.
Accessibility and Socioeconomic Implications
Cash bail and bail bonds are expensive, which has implications for those in lower socio-economic brackets. Paying cash bail can be incredibly cost-prohibitive. This creates a situation where people who cannot afford bail are imprisoned until their trial. It affects people from low-income communities who may not have sufficient funds to pay bail.
You do not have to pay the full bail when you use bail bonds. Although it means a lower payment initially, it is still expensive. Bail bonds can be just as financially challenging in the long term due to the non-refundable 10% premium and collateral loss. People with fewer assets could quickly find themselves in a cycle of debt as they source funds to pay the premium. This then exacerbates the financial challenges they face.
Find an Experienced Bail Bondsman Near Me
It can be pretty stressful to deal with the bail process, but with the help of an experienced bail bondsman, you can have a smoother experience. A professional bondsman will guide you through each step, explaining the process and ensuring you understand the requirements. Bail bondsmen can secure your release more quickly, which allows you more time to spend on your defense or personal matters. They know the legal system and courts.
If you need bail bond services or more information about bail vs bond, contact Alana's Bail Bonds. You can count on us to assist you and ensure your release is smooth and fast. Contact us at 619-468-9333, and our team will address your concerns any time of day or night. Our agents are spread across California and are ready to help you when needed.
