When a person is placed in jail while awaiting trial for a crime, he is often given the opportunity to be released before the trial starts. However, to give the defendant an incentive to show up at the trial, a court will often require that he put up a cash bond. A cash bond is a cash deposit made to secure the release of the defendant. The money will be returned when his trial is over.
Bail
When a person awaits trial, a judge will have the right to set an amount that the defendant can put down as a deposit to secure his release. This money is known as bail. The amount of bail can range from a hundred dollars to more than a million, depending on the nature of the crime and the defendant. Bail is typically paid to the court that is hearing the case.
Cash Bond
A cash bond is the amount of money that the defendant or someone who agrees to bail him out of jail must put up to allow him to go free. Generally, this amount is equivalent to the bail amount, but sometimes it can include additional court fees. Courts will generally require that the person putting up the bail money pay for a cash bond in cash or sometime tantamount to cash, like a cashier's check.
Returning The Bond
When a defendant or someone else puts up money for his cash bond, the money will be returned when the defendant's case is resolved, so long as he shows up at all his required court appearances. So, for example, if a defendant is found guilty and sentenced, the cash bond will be returned. Similarly, if a defendant is found innocent, the cash bond will be returned as well.
Forfeiture
However, if a defendant fails to appear at the court on an appointed date, he may face forfeiture of the cash bond. Depending on the policies of the court, the defendant's bond might be forfeited entirely if he misses an appointment or it might merely be reduced. In some cases, if he returns later, the bond might be returned, but his right to bail will be revoked and he will be incarcerated.
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