In Texas, Cash bonds and surety bonds are two frequently used options, each with its own benefits and considerations. Cash bonds involve paying the total bail amount directly to the court, while surety bonds require a bail bondsman to post bail on the defendant’s behalf in exchange for a fee. Below are key distinctions between these bond types and their impacts on defendants in the Texas legal system.
Cash Bond Characteristics
Cash bonds in Texas necessitate paying the full bail amount directly to the court, often through cash, cashier’s check, or money order. Notable aspects include:
- A full refund upon the case’s conclusion and all court appearances, minus any court fees
- Immediate requirement of the total bail amount
- Funds remain inaccessible until the case ends
- Risk of losing the entire sum if the defendant fails to appear in court
- Large cash payments may raise questions about the origin of funds
Surety Bond Features
With surety bonds, a bail bond company posts bail on behalf of the defendant for a non-refundable fee, usually around 10-20% of the bail amount. Key features include:
- The bond company takes responsibility for the full bail amount
- An accessible option when full cash payment isn’t feasible
- May involve additional collateral from the defendant
- The most widely used bail bond type in Texas
- Bondsmen might employ bounty hunters to track down defendants who miss court dates
Collateral Requirements for Surety Bonds
Surety bonds often require collateral to secure the bail amount, which can include property, vehicles, jewelry, or other valuable assets. The collateral’s value generally needs to exceed the bail amount, sometimes reaching up to 150%. This requirement reduces the risk for bail bond companies, as they may claim the collateral if the defendant does not appear in court. In Texas, the appraisal process for property used as collateral typically costs between $425 and $650, adding an additional expense for defendants choosing this option. Collateral requirements can vary depending on the bail bond company and specific case circumstances.
Personal Recognizance Bonds
Texas also allows personal recognizance (PR) bonds as an alternative to cash and surety bonds. These bonds permit release based solely on the defendant’s agreement to appear in court without any upfront payment. PR bonds are generally granted to defendants with strong community ties and require the judge’s confidence in their reliability. These bonds are less common and may come with conditions such as supervision or travel restrictions. Judges consider factors such as the defendant’s criminal record, community connections, and the nature of charges when approving PR bonds.