What Is A Cash-Only Bond?
In some cases in posting bail in Raleigh, NC, when a defendant has been arrested the court or the magistrate will dictate that the only type of bond acceptable for an individual is a Cash-Only Bond.
In a cash-only bond the defendant must pay the entire amount of bail in cash directly to the courts or the jail before they can be released. There is no percentage to be paid to a bail bondsman or bail bond company. This differs from the more traditional way of posting bail using a bail bondsman which is called a surety bail bond, in which a bail bond agency can handle the total bail amount after the defendant agrees to pay a certain amount (usually 10-15%) of the cost to the bail bondsman.
For a cash-only bond, the defendant will only be released from custody after the full amount is paid. You can typically pay with actual cash or using a secure payment type, such as a debit or credit card, but most jails require cash payment. Most jurisdictions will only accept payment of the exact amount, and if you pay in cash, change will not be issued.
Why Is A Cash-Only Bond Given?
A cash-only bond is a more stricter form of bail that is ordered in certain cases, for example, if a judge considers the defendant to be at least a moderate flight risk or threat to society. These types of bonds may result from a defendant’s prior actions and criminal history, such as habitually committing violent crimes, posing threats to others and not appearing in court. In these cases, a cash-only bond ensures that the court will receive payment if the defendant fails to appear for further court proceedings.
Who Can Post A Cash-Only Bond?
Most courts will allow the defendants family member, spouse or a third-party (such as an acquaintance or a bail bondsman who can deal in cash-only bonds) to post the cash-only bond money. If the defendant does eventually get convicted of the crime with which he or she has been charged with, the bond money may not be returned in full. Additionally, if the defendant fails to appear at any court appearances, the entire amount will be forfeited.
How to Post A Cash-Only Bond
From county to county in North Carolina each county and courts or jails have different procedures for posting a cash-only bond; however, it’s normally as simple as paying the bond at the jail at the magistrates office. A bail receipt will be issued; if you’ve used a third-party to pay a cash bond using your own money, make sure that you get a receipt in your name. The person listed on the receipt will receive the refund if there is one, so it’s very important to have the correct name reflected on the receipt.
What Happens Next?
As with any type of bond, after you’re released from jail, you must adhere to any conditions set forth in your bail release, as well as appear for all scheduled court appearances. Failure to comply with any bail conditions, or failing to appear in court, will result in the bond being forfeited and an arrest warrant being issued. If a defendant misses court and a judge issues a forfeiture of the bond, the bond becomes the property of the appropriate county and it will not be refunded.
When you post a cash-only bond, the court holds the money in trust until the case is finished. If the defendant is found not guilty, the bond will be exonerated and the money is returned. If the defendant is found guilty, the bond will still be exonerated, but the court may keep some or all of the money.
Call Winston Bail Bonding at (919) 819-6918 to get your free consultation about a Cash-Only bond.