Cash Bail vs. Bail Bond: Understanding the Difference

What are the types of bail and which one is right for you?

Not sure about the difference between cash bail vs. bail bond? Yes, there are differences, and knowing them can be crucial. Here’s what you need to know to navigate the legal system.

Let’s start with the definition of bail. The term “bail” refers to a financial agreement reached after a person’s arrest and placement in jail, when the court decides to temporarily release that person from jail. 

What is bail?

Bail is a sum of money the defendant pays to the court to be released from jail while awaiting trial. That money serves as a guarantee that the defendant will be present at all of his or her court appearances. Otherwise, if any of the court appearances are missed, the bail money is forfeited. The money is refunded at the end of the case as long as the defendant appears in court.

Types of bail

There are three types of bail:

1. Cash bail is the money paid at once, in full amount and in cash, to the court directly.
2. Surety bond, when the bail bond company, hired by the defendant or on the defendant’s behalf, posts the bail amount and charges a fee for this service
3. Personal recognizance, under which the defendant is released with just the promise to show up for all scheduled court appearances

The bail process

Here’s how the bail process typically works:

• The defendant is arraigned, the charges against them are read and a plea of guilty or not guilty is entered.
• The judge sets bail. The amount will depend on the defendant’s criminal history, their likelihood of skipping town, and the severity of the charges.
• The defendant then has two options in order to be released from custody: to either pay the full amount to the court or hire the third party, a bonding company, who will post bail in exchange for a fee.

What is a surety bond?

Also referred to as a bond, it’s a legal contract between the defendant, the court, and a bonding company. This contract’s purpose is to guarantee that the defendant won’t miss any of their court appearances.

Other types of bonds

There are four types of bonds:

1. A cash bond is a full bail amount paid to the bonding company
2. A property bond is used as collateral for the bond (a house, a car, etc.)
3. An immigration bond is used for non-citizens of the U.S. who are detained by the immigration authorities
4. Federal bond is solely used when a federal crime has been committed

The bond process

A bond is typically used when the defendant cannot afford to pay the full bail amount. A bonding company posts a bond with the court for the full bail amount on the defendant’s behalf. The bonding company charges a non-refundable fee for this service — in Louisiana, it’s 12% of the bail amount. The bonding company then becomes responsible for ensuring that the defendant won’t miss any court appearances.

The differences between cash bail and bail bond

The number one difference is who pays the money — the defendant (or the defendant’s family) or the third party, the bonding company. With cash bail, the defendant receives a full refund of the bail amount if he or she made all scheduled court appearances. With a bail bond, the fee a bonding company charges is non-refundable. One more difference is the parties involved. With cash bonds, there are no middlemen. With a bond, the bonding company is the third party that assumes the risk of the defendant failing to appear in court.

Cash bail and bond advantages and disadvantages

Posting cash bail means a quick release from custody. But paying a large amount of cash all at once can be impractical — or downright impossible — if the bail amount is large. Bonds are certainly a more affordable option. However, it requires paying a non-refundable fee. Carefully consider your options before deciding which option to go with. 

How Affordabail can help

Affordabail is an owner-operated bonding company with several locations throughout the state of Louisiana. We have been in the industry for over 20 years, and we’re available 24/7. We treat our clients with respect and a firm belief in “innocent until proven guilty.”

We process all bond payments securely and our friendly staff is efficient and hardworking, getting all the required paperwork done as quickly as possible. We do not want you or your loved ones to stay in custody longer than necessary. Our staff will make the entire process of obtaining bail simple and painless. Let our industry knowledge work for you. We offer payment plans, too. To get started, call any of our locations, or fill out an online form.