Types of bail bonds
Cash, property, and surety make up the main types of bail bonds, along with release on a promise. According to The Delaware Courts, bail is money paid to secure release until trial. According to the Colorado Judicial Branch, a bond is a written promise to show up for court.
Which bond the warrant allows is up to the judge. Some options won't be open to some people. Phone the jail before anything else to find out what the judge decided.
What is a cash only bond?
You must pay the full bail amount at the court or jail to get released. A cash deposit must equal the full bond amount under Kentucky law. When a judge orders cash only, a bondsman isn't an option.
Bail isn't a fine or a punishment, the American Bar Association says. Its only purpose is making sure the person comes back for their court dates. After trial the money comes back to you, less whatever processing fee the state charges.
Cash bail payments at the jail
It helps to know what is a cash only bond so you bring the right payment. Each county decides its own hours and payment rules. Before driving over, call the booking window.
Bring a money order, a cashier's check, or exact cash to the Travis County Jail in Texas. No change is kept, and extra cash isn't accepted. The guide on how to bail someone out of jail walks you through each step.
Fees and refund deductions at local jails
When you pay, some facilities add a service fee. Other facilities hold money back for jail debts. Inmate jail debts are paid with bond money first in the Palm Beach County Main Detention Center.
Only after the case ends does the clerk send out refunds for cash bonds. In St. Louis, the payment window changes after 24 hours in custody, so call 314-622-4941 first. Look at the table for local payment rules.
| Facility | Payment method | Added fee or rule |
|---|---|---|
| Jackson County Detention Center | Card online, phone, or kiosk | 7% kiosk fee |
| St. Louis City Justice Center | Cash in person only | Full bond amount, no fee |
| Norfolk County Jail | Cash at the jail | $40 commissioner fee, takes 2 hours |
| Harris County Jail | In person or card online | Accepts cash or online card |
What is a property bond?
You pledge real estate value to the court in place of cash. A defendant who can't afford bail may use this option at The Santa Clara County Superior Court. A person's promise to appear is backed by the property.
Should the defendant miss court, the property is taken by the judge like cash bail. Kentucky law requires real estate to be valued at least 2 times the amount of the bond.
Equity rules and court hearings
Because courts verify ownership up front, understanding what is a property bond takes patience. Compared with other types of bail bonds, it moves more slowly. Before taking property as bail, the court in Santa Clara County holds a hearing.
Legal ownership of the land and its worth are checked by the judge. Kentucky also lets you pledge stocks and bonds with a sworn value schedule that's been approved.
The steps for posting real estate with the clerk
You must finish all 5 steps in the Eastern District of Pennsylvania federal court before you're released. Go to the clerk's office with your documents:
- Let the clerk see the property deed so staff can make a copy and hand it back.
- Together with the defendant and every titled owner, sign the bail bond and the property forfeiture agreement.
- Use a local appraisal and title lien search, plus a paid tax receipt and your mortgage statement, to prove equity.
- With all titled owners, sign the sworn ownership statement from the clerk.
What is an appearance bond?
In this written contract, the promise is that the defendant attends every court date and obeys all orders. The United States Courts appearance bond form has the person agreeing to follow orders from any court that hears the case.
If the person misses court, forfeiture of the bond can follow. Forfeiture is the loss of the cash or property behind the bond, notes the Colorado Judicial Branch. The person doesn't get that money or real estate back.
A personal recognizance release and unsecured releases
The first step in understanding what is an appearance bond is checking whether money must be paid up front. Federal court forms let judges choose a secured bond, an unsecured bond, or personal recognizance. Release on personal recognizance means no money is paid to the court, the American Bar Association notes.
Only a written promise to attend every hearing and the trial is required. You can see which type applies on the online rosters. One example is the Wake County Detention Center, which marks listings as secure, unsecure, or no bond at all.
Secured bonds and hiring a bondsman
Cash, property, or a surety must be provided before release on a secured bond. A surety is a bondsman, one who answers for how the defendant behaves, notes the Colorado Judicial Branch. A fee goes to the surety bond company involved in most bonds.
Detainees at the Lubbock County Detention Center meet a magistrate at least 2 times daily. Next, you can hire a surety, or pay the full bond amount at the window.
Walk through bond
No set procedure for clearing a warrant without going through booking appears in court statutes or jail manuals. When issuing a warrant, the judge picks which bond will be allowed, notes the Colorado Judicial Branch.
Some people won't qualify for every bond option. Before anyone turns themselves in, call the jail booking desk or the court clerk. Ask the clerk about what the judge wrote down on the warrant.
What to ask the jail before surrender
Ask the clerk whether bail is already set when you bring up a walk through bond. A judge's order or a court schedule sets bail at San Francisco County Jail #2. Call 415-551-0651 on weekdays from 8 a.m. to 4 p.m., or 415-553-1430 at other times.
In Valencia County, New Mexico, staff share bond amounts for charges. You can also call Tarrant County Jail at 817-884-3000 or Mecklenburg County at 704-336-8100.
Where to bring your payment and documents
Check with the clerk about which office takes payments. Bail isn't collected at the jail window everywhere. Cash bail and surety bonds aren't collected by corrections staff under Hawaii Department of Corrections rules.
The court or police station is where visitors must go instead. Staff release the person once the jail gets a bail receipt bearing the court seal.
A personal bond request in Travis County can only come from Pretrial Services or an attorney. Before you go, read up on the bail process.
Federal bond
Under national laws, United States magistrate judges set the release terms in federal cases. Pretrial release is governed by sections 3142 and 3144 of Title 18, per Federal Rule 46.
The judicial officer chooses 1 of 4 orders under 18 U.S.C. 3142. A judge can order detention, temporary detention, release on conditions, or release on a promise. If the person is already in custody, ask the court clerk where they're being held.
Options for unsecured and conditional release
When setting a federal bond, a judge checks whether a written promise is enough. The court can allow personal recognizance or an unsecured appearance bond under 18 U.S.C. 3142. With an unsecured bond, you don't pay any money up front.
No money is owed unless the person misses court. When a promise isn't enough, 1 condition or a mix of conditions gets set by the judge.
How to back a secured bond in federal court
The United States Courts appearance bond form shows 3 types of bail bonds for a secured bond. Your options are depositing cash with the court, pledging forfeitable property, or using a solvent surety.
Paperwork goes to the court clerk rather than a 24-hour jail desk in federal cases. Before release, all 5 property steps must be completed under the Eastern District of Pennsylvania rules. Take the original deed with you for the clerk to copy.
Questions and answers
What leads a judge to set a cash only bond?
When setting bail, a judge weighs flight risk and the kind of alleged crime, according to the Delaware Courts. The judicial officer also considers the defendant's past criminal history and community safety.
What do pretrial bond conditions mean?
A judge sets rules the defendant must obey while out of custody before trial, and these are pretrial conditions. Bail can include an order to have no contact with the alleged victim, The Delaware Courts explain. The Colorado Judicial Branch says a bond can also make the person stop committing crimes.
In court, what does appearance on bond mean?
An appearance bond lets the defendant remain free, with every court hearing still required. A defendant's release terms stay the same through trial unless the court adjusts them, per Federal Rule 46. After a conviction, the person must surrender and serve any sentence or they lose the bond, the United States Courts appearance form says.
Sources
- Bail and Bail Bonds, Help & Support, Delaware Courts, State of Delaware
- Types of Bonds Colorado Judicial Branch
- Kentucky Revised Statutes 431.535
- How Courts Work: Bail
- Travis County Sheriff's Office
- Palm Beach County Sheriff's Office
- Jackson County Department of Corrections
- City of St. Louis Division of Corrections
- Norfolk County Sheriff's Office
- Harris County Sheriff's Office
- Property Bonds Superior Court of California County of Santa Clara
- Eastern District of Pennsylvania Property Bond Instructions
- Appearance Bond
- Wake County Sheriff's Office
- Lubbock County Sheriff's Office
- San Francisco Sheriff's Office
- Valencia County Detention Center
- Tarrant County Sheriff's Office
- Mecklenburg County Sheriff's Office
- Hawaii Department of Corrections and Rehabilitation
- U.S.C. Title 18, CRIMES AND CRIMINAL PROCEDURE
- Release or detention for a defendant before trial: § 3142, title 18, U.S. Codel
Learn more about bail
Bond types and bail rules
Call a bail agent (not the jail)
This line reaches a bail agent who can talk you through a bond. It is not the jail and not a government office.
1-844-343-6285This call from County Jail Lookup goes to a bail agent, not the jail, and may be recorded so the agent keeps an exact note of the bond you asked about.
Speak with a lawyer about the case instead
Once you share a few details, a lawyer advertising here can reach out to you about the bond hearing, the release, or the charges.
