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When you face an arrest for violating California law, securing a quick release is a priority. Most defendants need bail for release pending trial. Bail is a financial guarantee that ensures the defendant will return to court for all required hearings. The courts set bail amounts depending on different factors in these cases.

These factors include the seriousness of the crime, the defendant’s criminal history, and the likelihood of fleeing. There are several ways through which you can post bail. The most common types are secured and unsecured bonds. These two forms of bond ensure that defendants appear for court proceedings. However, they differ in how the money or property is handled.

The differences between secured and unsecured bonds center around the amount of money needed and the level of financial risk. Understanding how each bond type works helps you make informed choices. The following are some of the differences between secured and unsecured bonds:

Difference in Upfront Payment Requirement

The most significant difference between secured and unsecured bonds is the need for an upfront payment. With a secured bond, the court requires the defendant to post money or property as a guarantee before they can be released from jail. The financial guarantee ensures that the defendant will appear for all court dates. There are different types of secured bonds, including:

Cash Bond

If you have enough money or financial resources, you can pay the full bail amount to the court clerk to secure a release. A judge sets the specific amount you must pay at the bail hearing. You will resent the amount before the defendant is released.

Property Bond

If you have valuable property, you can present it to the court in exchange for a release pending trial. The court accepts real estate properties to secure a bond in California. A judge will determine if the value of the property is acceptable, depending on the bail amount.

Bail Bond

For defendants with no money or property to secure a release, a bail bond is a viable option. Posting a bail bond will involve contacting a local surety company for assistance. The company will assure the court of the defendant’s return for trial. In exchange, you will pay a non-refundable fee of 10% of your bail to the company.

There are two types of bail bonds, secured and unsecured bonds. With unsecured bail bonds, the surety company does not require collateral for the bond. However, you may need property, a vehicle, or another valuable item to guarantee the bond.

On the other hand, unsecured bonds do not need any payment at the time of release. The defendant will sign a written promise agreeing to pay a certain amount only if they fail to appear. There is no upfront cash or property involved. This type of arrangement makes unsecured bonds more accessible to individuals who cannot afford bail.

However, it also provides the court with less financial security. The court relies on trust instead of money with this type of bond. Common types of unsecured bonds include:

  • Release on Own Recognizance (OR). With this type of bond, the defendant secures a release without having to pay bail.
  • Signature bond. A signature bond does not require an upfront payment. However, the defendant must agree to pay a set amount if they skip bail.

Difference in Collateral and Security Requirements

Another significant difference between secured and unsecured bonds is the collateral and security requirements. In a secured bond, the defendant or a third party must provide something of value. Collateral assures the court that the defendant will appear voluntarily for all proceedings. Typical forms of collateral include:

  • Cash
  • Real estate
  • Vehicles
  • Other valuable assets

The court holds the security until the case ends. For example, a defendant might use their house or car to secure bail. The court will place a lien on the property. A lien prevents the property owner from selling the property until the case is resolved. If the defendant appears at all hearings, the court releases the collateral. However, if they fail to appear, the court can seize or sell the collateral to cover the bail amount.

If you paid a cash bail, you can recover the full amount you paid when the case ends. Often, the court will send you a check within several weeks of the case's conclusion. However, if the defendant fails to follow all court conditions, you may lose the money due to forfeiture.

On the other hand, an unsecured bond does not involve collateral. The defendant simply signs a written agreement promising to appear in court. The court does not require any property or money up front. Financial responsibility will only arise if the defendant fails to appear at a hearing.

Unsecured bonds, on the other hand, rely entirely on trust. This process reduces financial strain for defendants and families.

Difference in Risk Distribution

Another difference between secured and unsecured bonds is the distribution of risk. With a secure bond, the financial risk is immediately on the defendant or the person who posts it. If you learn of your loved one's arrest, you may feel compelled to post a cash bail for them or hire a bail bonds company. If the defendant fails to appear in court, the court can keep the cash or seize the collateral. The person who posted the bond will bear the financial loss.

For example, if a defendant uses a $20,000 cash bond and then skips a court date, the court can forfeit the full $20,000. If a bail bondsman is involved, they must pay the entire amount to the court after a forfeiture. In this case, the company can take legal action to recover the money from the defendant or their family.

In contrast, an unsecured bond distributes risk differently. There is no upfront financial loss for a defendant. Instead, the defendant can only be financially liable if they fail to appear in court. The court relies on the defendant’s promise and record to ensure compliance with the bail conditions.

According to the court, secured bonds provide a strong guarantee that the defendant will appear in court. The financial consequences make skipping court a costly decision. Unsecured bonds rely on trust and the defendant’s integrity. The risk to the court is higher.

Difference in Eligibility and Court Preference

A key difference between secured and unsecured bonds is eligibility and court preference. Courts decide which type of bond to grant depending on the following factors:

  • Defendant’s risk level
  • Criminal history
  • The severity of the charges

The court may require a secured bond for high-risk defendants. These situations include:

  • Felonies or violent crimes. When you face charges for a serious felony like robbery, assault, or burglary, you will need a secured bond for release. Courts use these bonds to ensure that you appear for all hearings. The more serious the crime, the more likely the court will demand collateral or cash.
  • Repeat offenders. California law is strict on repeat offenders. Having a prior conviction on your record may indicate your disregard for the law. For this reason, the court views repeat offenders as high flight risks. The courts may require secured bonds for such defendants to motivate compliance.
  • History of missing court. If you have a history of skipping court dates, the court will insist on financial guarantees. Secured bonds provide a tangible consequence for failing to appear in court.

The courts accept unsecured bonds when the defendant is a low risk. A judge can approve an unsecured release in the following situations:

  • Minor or first-time offenses. Low-level crimes often qualify for unsecured bonds. These include traffic infractions and low-level misdemeanors. Courts believe these defendants are likely to comply without collateral.
  • Strong community ties. Secured bonds deter defendants from fleeing, as they fear losing money or property. However, the court can accept an unsecured bond if the defendant has strong ties in the community. Having a stable job or family in the area can discourage the defendant from fleeing.
  • Clean criminal records. First-time offenders are ideal candidates for unsecured bonds. The court trusts their commitment to attend hearings and honor other bail conditions.

Eligibility and court preference are tied to risk assessment. Secured bonds are commonly used when the court requires financial assurance. On the other hand, the court can allow an unsecured bond when trust and low risk make an upfront payment unnecessary. This difference balances safety with fairness.

Difference in the Speed of Release

When you or a loved one faces an arrest, securing a quick release is a priority. It ensures that you can return to your family and resume work while the case is pending. The types of bond you choose can dictate the speed of your release. Secured bonds may take more time to arrange. This is because they involve property or assets.

Arrests are unexpected occurrences. Therefore, most people do not have money set aside waiting to post bail. When you use property as collateral, the court will schedule a property bond hearing. You have to demonstrate the property's worth and ownership during this hearing. This hearing may require:

  • Formal documents
  • Property appraisals
  • Verification of value

These processes can delay release by several hours or days. If you want to post a cash bail, the lack of enough money to pay the bail can also delay the process.

On the other hand, unsecured bonds allow a much faster release. With this type of bond, no property transfer or cash deposit is required. Therefore, the defendant can usually sign a promise to appear and secure a quick release. The quick release makes a big difference for families who want their loved ones home as soon as possible. For many defendants, the faster process of an unsecured bond offers much-needed relief.

Difference in Financial Accessibility

Secured bonds place a heavy financial burden on defendants and their families. The high bail amount set by the court makes it challenging for many defendants and their families to secure a release. Many people turn to bail bonds when they lack the funds for cash bail. However, with a bail bond, you must pay a 10% non-refundable fee. When the bail amount is substantial, even a 10% payment can be too high to afford in a single installment.

Sometimes, the surety companies mandate that you present collateral for the bond. For low-income families, securing a bail bond can become challenging under these circumstances. Some people may have to engage in the following acts:

  • Borrow money from friends
  • Take loans
  • sell property
  • Use savings

These financial pressures make secured bonds less accessible.

Unsecured bonds, on the other hand, require no financial commitment. The defendant can secure a release based on their promise to appear in court. This makes the process more affordable and fair. Unsecured bonds provide more people with an equal chance at pretrial release. They do this by removing the immediate financial barrier. Additionally, they reduce the risk of defendants remaining in jail because they cannot afford bail.

Difference in Consequences for Non-Appearance

If a defendant on a secured bond fails to appear in court, the consequences are immediate. These consequences include:

  • Bail forfeiture. A bail forfeiture means that you could immediately lose the money or property you paid to the court for bail.
  • The court issues a bench warrant for the defendant's arrest
  • If you posted a bail bond, the surety company must pay the full amount of the bail.

If you have an unsecured bond and miss your court date, a different process is triggered. It includes:

  • Payment of the full bail amount listed in the bond.
  • Issuance of a warrant
  • Collection actions may follow if you fail to pay the bail

Find a Seasoned Bail Bondsman Near Me

Secured and unsecured bonds ensure that the defendant returns to court after being released from a pending case. However, these types of bonds operate in very different ways. Secured bonds require an upfront investment of money or property. Posting a secured bond offers the court strong financial assurance of the defendant's return for trial. Unsecured bonds rely on the defendant’s promise. Such an arrangement can make them more accessible but less specific.

Judges impose a secured or unsecured bond depending on the specific factors of your case. Secured bonds can protect public safety. Additionally, they ensure compliance with bail conditions. However, secured bonds can impose a financial burden on the defendant and their family. Unsecured bonds, on the other hand, promote fairness in the bail system.

If you or a loved one needs fast and reliable bail services in California, you will benefit from our services at Alana's Bail Bonds. Call us at 619-468-9333 to discuss your bail.