Cash Bond
A cash bond requires that the entire bond amount be paid in cash. Courts impose cash bonds rather than secured appearance bonds in certain cases for a variety of reasons. Lower cash bonds are often used in cases where the defendant is deemed to be a low flight risk and is expected to appear in court for all hearings and trial dates. Low cash bonds might also be utilized for misdemeanor offenses where the defendant’s appearance in court is not in doubt, and the court wants to ensure compliance with court orders.
Cash bonds can expedite the release of the defendant from custody since the full bond amount is paid upfront, reducing the need for time-consuming collateral assessment with a bond agency. After the legal proceedings are completed, and if the defendant has complied with all court orders and appearances, the cash bond is typically refundable. The funds for the cash bond can be used by the defendant in certain circumstances to cover fines, fees, and other court costs if the defendant is found guilty. Cash bonds are generally available and widely used, making them a straightforward option for defendants who can afford to pay the full amount.
In some cases, a court might place a high cash-only bond for cases where a defendant poses a substantial flight risk such as individuals who are not from Arizona and who likely would not have an ability to provide security in lieu of bond. In other cases, a court might place a high cash-only bond where the Court believes the defendant is a danger to the community.
Secured Appearance Bond
Secured appearance bonds do not require that the entire amount be paid in cash and allow for family and/or a representative of an incarcerated person to post bond utilizing a bail bondsman. This type of bond allows for family and/or representative of the defendant to provide a substantial portion of the bond in collateral and a small percentage in cash to ensure the defendant’s appearance in court. Common types of collateral include real estate (homes, land, or commercial properties), vehicles (cars, trucks, boats, or motorcycles), valuables (jewelry, artwork, collectibles), financial assets (stocks, bonds, or certificates of deposit). In these cases, family and friends must go through a bonds person who will assess the value and legitimacy of the collateral before accepting writing a secured appearance bond. This process can take more time than a cash bond.
Secured appearance bonds are often used in cases where the defendant might be considered a flight risk and/or a danger to the community due to the nature of the offense or the defendant’s criminal history.
Conclusion
For both cash bonds and secured appearance bonds, the defendant and the person providing the collateral and/or cash bond face the risk of losing the collateral and/or cash if the defendant fails to appear in court or comply with legal requirements.
It is important to have an attorney who will argue for the lowest bond amount possible. Our attorneys at Castillo law are experienced in representing criminal defendants in initial appearances when a bond amount is first decided and also in bond modification/reduction requests. Contact our office for a free consultation to discuss bonds at 480-206-5204 and/or 602-795-6701.