A cash-only bond requires the full bail amount to be paid in cash before a defendant can be released, without the option of a surety or property bond. Courts typically issue these bonds for high-flight-risk defendants who have a history of skipping court dates. Bail bondsmen can’t issue traditional surety bonds for cash-only bail. If a defendant defaults on a cash-only bond, they forfeit the entire amount and risk being pursued by law enforcement.
The court systems in Georgia have several tools to ensure that defendants in criminal cases return to court to answer the charges against them. In last month’s article, we talked about several of these tools, including cash bonds (or “bail”), property bonds, and own-recognizance bonds.
In some instances, the courts may choose to use a different tool to secure a defendant’s appearance in court: the cash-only bond. In cases when a cash-only bond is set, getting the defendant released from detention can be a different process.
This month, we’re looking at cash-only bonds, why certain defendants are held on a cash-only bond, and the options you have when presented with a cash-only bond.
What Is a Cash-Only Bond?
A cash-only bond is exactly what it sounds like: the jail will release the defendant if and only if the defendant or a willing third party presents the jail with the full bail amount in cash. The jail will not accept property, credit, or a surety bond.
The court will hold the cash until the defendant’s case is concluded. If the defendant makes their required court appearances, the court will return the entire amount to the defendant or third party. If the defendant jumps bail, they forfeit 100% of the cash.
Why Are Some Defendants Held on a Cash-Only Bond?
Cash-only bonds are usually only set in cases where the defendant has demonstrated themselves to be a flight risk. If the defendant has ever jumped bail, skipped out on a court appearance, or otherwise shown an unwillingness to comply with the court’s orders, the prosecutor or judge will often favor a cash-only bond.
The cash-only bond demonstrates the court’s lack of faith in the defendant. In a normal bail situation, the jail will accept a surety bond. The surety bond is issued by a third party— a licensed bonding agent—and is sort of like a promissory note guaranteeing that they will pay the full bond amount if the defendant jumps bail.
For defendants who are flight risks, the court can insist on getting 100% of the bail amount up front to ensure that the full bail amount is secure before they’re willing to release the defendant.
Can a Bail Bondsman Help With a Cash-Only Bond?
A licensed bonding agent cannot help secure a defendant’s release when they’re held on a cash-only bond, since the bail bondsman can’t use their normal process of writing a surety bond to cover the bail amount.
A bonding agent won’t be willing to front the full amount of bail at all, especially if the defendant has a history of fleeing justice. In those cases, the only way to secure the defendant’s release is to find some other avenue for coming up with the required amount.
What Happens If I Default On a Cash-Only Bond?
If you are released on a cash-only bond and fail to make your court appearance, you will immediately forfeit every penny of the bail amount. Not only that, but you will also be a fugitive from justice, and if you are found by law enforcement, you will be arrested and returned to jail.
Cash-only bonds can run to tens or hundreds of thousands of dollars, and no bonding agent is willing to part with that much money. If you skip on a cash-only bond, it’s almost an absolute certainty that you will be pursued by law enforcement who will leave no stone unturned in tracking you down and returning you to jail.
Arrested in Macon-Bibb County? Don’t Wait in Jail; Call All State Bonding: 478-745-1966
All State Bonding is located in downtown Macon, directly across the street from the Bibb County Jail. We’re available 24/7, and all our bonding decisions are made on-site, so you never have to wait for an answer.