When you need to help a friend or a loved on to secure a release from jail, it can be helpful to know the difference between a cash bond and a surety bond. While both of these types of bonds can be used to get a defendant released from a detention center to await scheduled court hearings, there is a bit of a difference regarding the use of each.
Detainee’s options after Judge sets the cash bail amount
When a person accused of a crime is arrested and taken to a detention center in Las Vegas, there will be a hearing in order to determine the amount of bail to be paid to secure the temporary release of the defendant. If you pay the full amount of bail, this is referred to as a cash bond. The defendant may also try to get the bail amount reduced by hiring an attorney, but this takes time. You may obtain a bail bond, or surety bond for 15% of the amount of bail that is set by the judge or the court.
How does a Cash Bond work?
The detainee can have a friend, family member, or other representative pay the full amount of the bail to the court. While this is a large amount of money to be paid upfront, the money will be returned, less any fines and fees, once the defendant attends to all legal proceedings.
How does a Surety Bond (Bail Bond) work?
If you do not have the full amount of bail, you can pay 15% of this amount to a bondsman. You will also have to provide enough collateral to secure the entire amount of bail as a surety that the defendant will appear at all court proceedings. The bail bondsman will go to the jail and pay the full amount for the detainee to be released.
Surety bonds and co-signor
If you make an agreement with a bondsman, you may be referred to as the co-signor of the bond. You will need to make sure that the accused shows up to all court dates and that the 15% fee is paid. When you sign over collateral, you are giving the bondsman power of attorney over that property.
Types of Collateral that can be used for the bail bond:
– Credit card
– Bank account
– Home or other property
– Car or other motor vehicle title
– Fine jewelry
– Coins (gold or silver)
– Items of value that can be pawned or sold for cash
If the Accused shows up for court dates:
As long as the defendant attends to all legal matters, the collateral will be returned to you. The bondsman will keep the 15% fee for the provided service.
If the Accused skips their court dates:
If the defendant flees, the bail bondsman has 6 months in order to located and return the accused. In the event that the defendant cannot be located, the bondsman will pay the full amount of bail. The co-signor will owe the bondsman the 15% plus the full amount of bail or the collateral will be forfeited to the bondsman. As a co-signor, you can turn in the defendant to have that individual arrested if you are concerned about a flight risk before the court dates and cancel the bond.
Best Las Vegas Bail Bond Service
Make sure you work with a trustworthy and professional bondsman and choose Marc Gabriel here at eBAIL. We are fully insured and accredited with the Better Business Bureau.