When you are taken to court, you will be given one of these three options: a personal recognized bond, cash bond, or surety bond. In some cases, you can also be given a property bond. While the eighth amendment protects prisoners from excessive bail, it doesn't say anything about denying bail altogether. Now each of these is very different, so I will list them below for you to see.
A personal recognized bond is a bond that is used when a defendant is almost definitely going to show up to court. This bond is given without the need for a bail bond. There are some cases where they will need the signature of a friend or family member to guarantee the bond.
A cash bond is when you post your bail with cash rather than by bail. When the case is finished, the court will return the cash to the defendant as long as they show up to court. You should know that the court may or may not use some of your bail money for court and trial fees if you sign a contract. Be very careful what you allow the court to use and make sure to read anything they have you sign before you put your signature on the paper.
A surety bond "bail bond" is when you use a third-party source such as a bail bondsman to help give the money to the court for you. When this is done, the bail bondsman will have you pay a fee for their services, which will not be refunded after the trial is completed.
No bail may also occur if the defendant is considered a threat to the community, is a repeat offender, or a "flight risk" (meaning they are not trusted by the court and may flee if let out on bail.)
It would be best if you always talked to your bail agent about any fees they are going to be charging you. Also, make sure and have an understanding of how a bail bond works. Some bail agencies try to get away with tricking you into paying more money for things you shouldn't have to worry about, and that is why you should never sign something that you don't understand completely. If you have questions or need help understanding part of the contract, don't be afraid to ask the bondsman to help you. If they are the company for you, they will be willing to answer any and all questions you might have.
Let's talk about what you came here for. What is the difference between a bail bond and a cash bond? As we've mentioned before, bail bonds are used with third party helpers like a bail bond agency. In the case of a bail bond you would take your bail amount that you got from the court and give it to your bail agent. After that, they create a bond for you that shows the court that the bond will forfeited if you show up to court. If you don't show up to court, there are tons of steps that start taking place. First off, you get a warrant out for your arrest, and you're immediately incarcerated without the chance for bail again because of "flight risk" (meaning you'd flee if released.) You also get to have a bounty hunter hunt you down. So not only are you in massive debt, but you're also stuck in jail once you're caught. So to be safe, show up to your court date.
On the other hand, a cash bond is entirely different. You don't have a bail bond at all; instead, you pay the bail amount straight to the court. When you do this, you will be released from jail, so you have a chance to prepare for your trial. Once you show up to court, your cash will be returned to you, except the cash used for court fees. Court fees are used when you sign a contract from the court, which is why you should be very careful what you sign and make sure to understand everything on your contract.
If you or a family member is in need of a bail agent don't hesitate to call. We have agents all around Utah that are ready and prepared to give you the help you need 24 hours a day 7 days a week. You can call us up at 801-623-6877 or contact us online.