Hundred dollar bills held in hand near white indoor wall

For centuries the bail system in the US has been helping to ensure accountability on the part of those accused of crimes and justice for the victims of crime. But it’s no exaggeration to state that most people have little idea about how the system works. One of the biggest disconnects concerns the difference between cash bail and a bail bond. To most people, there is no difference. Bail is bail and is something arranged for through a bail bond agent. But that is an incomplete understanding at best. Read on to learn more about the important difference between cash bail and bail bonds.

Cash Bail Vs. Bail Bonds

Bail is an ancient system adopted from English common law that is designed to ensure that accused persons will appear in court to face the charges against them if they are freed while awaiting trial. Without it (as we have unfortunately seen in several US states in recent years) chaos reigns.

If the accused makes all her scheduled court appearances the bail is refunded to her when her trial is over, whether she is found guilty or innocent. If, however, she misses a court date or violates other terms of her bail that bail may be forfeited to the state and a warrant issued for her arrest.

“Bail” tends to be used as a blanket term that refers to the amount the court demands a defendant pay in order to secure their release while awaiting their court date. But there is more than one type of bail and this is where confusion enters the picture.

About Cash Bail

If a person is arrested they may either be released on their own recognizance or informed that they will need to post bail. In most cases the police work from a bail schedule that lays out exactly how much bail is required for the various potential charges. If they want the defendant can pay the full bail amount in cash at the jail and after doing so they’ll be released with a court date. This is cash bail.

If your bail is set at $1 million and you can afford to pay in cash you have that option. In most cases, however, bail is anywhere from a few hundred to several thousand dollars. Once you have paid cash bail and been released, that money will be held by the court until the conclusion of your trial, at which time it will be returned to you. But, as we mentioned earlier, if you violate the terms of your bail there’s a good chance you’ll never see that money again.

The pros of cash bail:

  • No need to work with a bonding company
  • Less paperwork
  • No additional fees
  • Shows the court you’ll likely appear to face the charges (since it’s your money you stand to lose)

The cons of cash bail:

  • The money comes out of your pocket
  • Missing your court date means losing your money
  • It can take up to 3 months to see a refund
  • You get a check back, not cash and have to wait for that to clear

About Bail Bonds

A bail bond is an agreement between a defendant and a bail bond company that agrees to guarantee the bail amount in return for the defendant paying the bail bond agent a non-refundable fee. Bail bonds are the most common type of bail agreement in use today for a variety of reasons.

With a bail bond (sometimes referred to as a surety bond) the bail agent essentially promises to pay the court the bail amount in full if the defendant fails to appear in court to face the charges against them. Once the bail bond has been secured and submitted the defendant is released awaiting their court date.

The pros of a bail bond:

  • You don’t have to come up with the full bail amount yourself
  • The bondsman typically works fast to secure your release
  • Bad credit is usually no impediment to working with a bondsman
  • All it costs is a relatively modest fee
  • Some bonding agents will allow you to make payments for the fee amount
  • Companies like Urban Bail Bonds offer 24-hour bail bonds

The cons of a bail bond:

  • No matter how modest you still have to pay a non-refundable fee to the bondsman
  • If your bond is forfeited the bondsman will come after you to collect
  • You’ll have to give up some privacy and provide personal information to the bondsman

So there you have it. The main difference between cash bail and a bail bond is who puts up the money to secure your release. With cash bail, the full bail amount comes right out of your pocket. With a bail bond, you pay a fee to the bondsman and he promises the court that if you skip out on your court date, he’ll pay the court the full bail amount.

Just keep in mind that if you have a history of jumping bail it may be difficult to find a bail company in Broomfield County or elsewhere that will work with you, simply because recouping lost bond amounts from wayward clients can be a long, arduous process.

Contact Urban Bail Bonds for Affordable Bail Bonds in Adams County

If you’ve been arrested and are in need of help contact the team at Urban Bail Bonds. We offer around-the-clock assistance to help secure your release in a timely fashion. Call our team 24/7 (303) 736-2275.

Two professionally dressed women reviewing forms in adjacent seats at table

Like the bail bond agent, the public defender is an integral part of the criminal justice system in America. A public defender is appointed by the court to those individuals accused of crimes who are not able to afford private legal representation. This right to counsel was established by the 6th amendment to the constitution, but it only applies to criminal cases, not civil cases or cases where there is no possibility of imprisonment. Despite the important work that public defenders do there are definitely advantages and disadvantages associated with opting for a public defender in Adams County, or anywhere else for that matter. Read on to learn about some of those pros and cons.

The Public Defender: Godsend or Mixed Blessing?

As a professional bail bond company we have seen just about everything as it relates to crime and the criminal justice system. One thing we encounter all the time are defendants who can’t afford to hire an expensive attorney of their own and instead fall back on the public defender. But is this always a good idea? Even for those of limited financial means?

Let’s look at the pros and cons of using a public defender.

Pros of Public Defenders

#1: The price

This is the reason most people opt for a public defender. A decent criminal defense attorney will cost anywhere from $100 – $500 per hour. That is well out of the financial reach of many people. As a result, they have 2 choices: either defend themselves or go with the public defender.

#2: Public defenders understand how the system works

The American judicial system has rules in place governing the presentation of evidence and other aspects of court proceedings. Overlooking any of them could result in a conviction, even if the person is innocent. The public defender understands how things work inside a courtroom.

#3: They’re experienced

Public defenders are typically busy people. Most of them represent many individuals in many different types of cases and gain a boatload of experience along the way. All that experience means that when they are appointed to your case they can hit the ground running.

#4: They’re motivated

Most public defenders are passionate about the law and about making sure the people they represent get a fair shake. Like the bail bond agent, they often endure negative feedback from people who don’t understand the important work they do. Yet they continue to do it because they believe in it.

#5: They often specialize

In order to ensure they’re providing their clients with the best possible defense, public defenders sometimes specialize in a particular area of law such as DUI, domestic violence cases, or gun-related crimes. Because it’s all they do, and because they do it a lot, they are always up to date on the latest rulings and other developments that could affect your case.

Now let’s look at some of the disadvantages of working with a public defender.

Cons of Public Defenders

#1: Their workload can be overwhelming

A public defender may be representing dozens of people at the same time, jumping from courtroom to courtroom and jail to jail. Most will still be able to maintain a reasonable grip on the particulars of each case, and to be fair most public defenders have pretty good records. Nonetheless, being so overworked opens the door to possible oversights or errors.

#2: You’re probably not going to get personal service

If you’re paying someone $500 an hour you have reason to expect they’ll devote themselves to your case body and soul. On the other hand, if your public defender is jumping from case to case you shouldn’t expect you’ll get much more than a “hello” at the start and a “good luck” at the end of the court proceeding.

#3: They won’t be able to mount a robust defense

By “robust” we mean they likely won’t have the resources to hire their own investigator to look into the alleged crime. Instead, they’ll often rely solely on the results of the police investigation. But if that investigation was conducted in a haphazard fashion the results may be of little use when it comes to bolstering your defense.

#4: You don’t get to choose your public defender

This could easily be the #1 disadvantage of working with a public defender. Working with lawyers is not like working with a bonding company. You don’t have to work shoulder-to-shoulder in court with the bail agent. You do with your attorney. If you have the financial means you can pick and choose a defense attorney you feel comfortable with. With a public defender, you get what you get. Which means your personalities may clash from the moment you meet.

#5: Your “free” attorney may not be free

Say what? It’s true. The public defender you thought was going to represent you for nothing may in fact come with a price tag attached. Here’s why. When a defendant opts for a public defender one is not automatically appointed. Instead, the defendant’s finances are examined to see if they are genuinely unable to pay. If the court decides you are not in dire financial need you may either be turned down or you may have to pay part of the cost of the public defender.

Contact Urban Bail Bonds

We hope you found the above information useful. And remember, if you’re in need of 24-hour bail bonds in Broomfield County call Urban Bail Bonds at (303) 736-2275.

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