What Are Surety Bail Bonds?

There is a reason why we allow people to get bailed out of jail while awaiting their day in court. For one thing, until a person has that day in court, they are legally innocent. Innocence, until an individual is proven guilty, is a cornerstone of the American legal system, after all. Paying for bail allows an individual to essentially post a monetary amount that will allow them to stay out of jail until they (theoretically) are proven guilty. Posting bail makes the authorities in question feel more comfortable. If the person that posted bail attempts runs before their day in court, they or their family members will be financially responsible for compensating for the bond.

However, there is more than one way to post bail. Namely, there are surety bail bonds and cash bail bonds. But what is the difference between the two? Let's find out.

What is a Cash Bail Bond?

When a defendant has been arrested and charged with a crime, the Court will set a bond amount to assure that the defendant returns to court to address the charges against them. Once the defendant completes his case, if the defendant has appeared for all the court dates the cash is refunded. There are no fees charged in this situation. However, the Court might use any cash deposited to pay fines, costs and restitution.

What is a Surety Bail Bond?

When the defendant or their family cannot post the full amount of the bond in cash, they can hire a professional surety to post the bail for them. A surety will guarantee the full amount of the bond to the court in the event of a failure to appear. The surety will charge a fee for this service, usually 10-20% of the total bond amount. The defendant must still make all the court dates needed to address the criminal complaint. If the defendant fails to appear, the surety will be required to either return the defendant to custody or pay the full bond.

There is a clear need for surety bail bonds. According to bail bond industry statistics, 2021 saw the Bail Bonds Services Industry increase by 1.6%. While it can be difficult to reconcile with having a company post bond for you, at times this is the only valid option.

If you need help posting bonds, don't delay. Get in touch with a surety bail company!