The cash bail debate is based on the Eighth Amendment, which forbids judges from imposing excessive bail. Initially, the cash bail mechanism was intended to prevent defendants from skipping town after obtaining pretrial release, ensuring smooth court operations. While not all defendants are entitled to bail, the amount must be reasonable when granted. Unfortunately, many defendants cannot afford bail set by the court, leading to pretrial detention until the case conclusion, which many argue is criminalizing poverty.
However, if you cannot afford cash bail and do not want to remain in custody awaiting case conclusion, you can turn to a bail bonds service for a smooth and affordable pretrial release. It entails paying the bail bonds a fraction of the total bail as a premium for the company to deposit a bond for your freedom. Using cash bail and bail bonds has pros and cons. You should understand the arguments for and against cash bail to select a bail option that protects your finances and secures your temporary freedom.
Understanding Cash Bail
Cash bail refers to the money a defendant deposits with the court to ensure they return for scheduled appearances once they are released pending court hearings and trial. If, as a defendant who has posted cash bail, you attend all your hearings and trial, you will receive a refund of the cash within 60 to 90 days after the court matter has been resolved. However, the government deducts administrative fees from the amount, so you do not receive a full refund.
Many defendants who lack the funds turn to commercial bail bondsmen to finance their pretrial freedom at a small fee. The balance is secured with collateral provided by the cosigner. When the defendant skips court, the surety bond that the bail bondsman deposits on their behalf is forfeited. The company then turns to the collateral and sells it to recoup losses.
The problem many defendants have, which is the source of the cash bail debate, is that many lack the funds or access to money for cash bail. As a result, they become pretrial detainees who stay behind bars for weeks, months, or years, even though on paper, the law presumes them innocent until proven otherwise in court. So, pretrial detainees entitled to bail are behind bars illegally, not because of factors like flight risk or threat to public safety, but because of their inability to pay.
Arguments for and Against Cash Bail
You must pay the full bail upfront to the court or the arresting law enforcement agency to secure pretrial freedom on cash bail. Based on the court policies, you can deposit the money in cash, money order, personal check, traveler’s check, or cashier’s check.
Very few defendants can afford to pay bail running into thousands or tens of thousands upfront. There are many pros and cons of cash bail that you should understand and weigh before using this bail option.
Arguments for Cash Bail
Cash bail is a straightforward way of exiting pretrial detention. However, there are many arguments for and against cash bail that you must understand to make an informed decision. In the cash bail debate, those supporting the system and not wanting any reforms argue that cash bail offers many benefits. These pros include:
Cash Bail Guarantees Future Court Attendance
Historically, cash bail was established to act as security for pretrial release. The financial obligation incentivizes accused persons to return to court when requested due to fear of forfeiting their money.
Those supporting the money-based bail system in the cash bail debate argue that when implemented as initially intended, where bail is set based on risk of fleeing jurisdiction and capacity to pay, it serves its legal purpose. Initially, cash bail was aimed at guaranteeing defendants’ liberty and ensuring smooth court operations when defendants appeared as requested.
You Bypass the Involvement of Third Parties
You do not have to involve third parties like commercial bail bondsmen when you pay bail in cash. Avoiding the services of these experts means that you will save money that could have otherwise been used to pay the bail premium and renewal fees, depending on your choice of bail bonds firm. You only part with the fixed bail amount and no extra charges, thus saving money.
Cash Bail Helps Keep the Arrest Private
You do not involve third parties when paying cash bail, meaning fewer people learn of your arrest, thus keeping it private. An arrest can dent your reputation or public image. Therefore, not involving anyone in your pretrial release keeps your arrest confidential.
You Receive a Refund Once the Case Ends
Another significant benefit of cash bail is receiving the funds back when the case ends. This is unlike bail bonds where the premium fee paid to the company is nonrefundable. To receive the refund, you must attend court and obey your release conditions. When you do that and the case is concluded, the court refunds the money within two to three months.
Cons of Cash Bail
While many arguments exist for cash bail in the cash bail debate, this bail release option has drawbacks. Below are some of these disadvantages to help you fully understand the pros and cons of cash bail:
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It Encourages Wealth-Based Pretrial Detention
Critics in the cash bail debate argue that the money-based mechanism violates defendants’ rights, as those who cannot afford the full bail amount remain in custody primarily because of their inability to pay.
Using cash bail means making a significant financial commitment within a short period. You cannot pay cash bail in installments. The money must be deposited in a lump sum in exchange for this release. This causes financial distress to you and your loved ones. Your family suffers the most because they must deal with the emotional distress of learning about the arrest and the guilt of being unable to consolidate thousands or tens of thousands of dollars in a short period.
Many will try to take out a loan or sell assets or property to raise the money. However, these processes could be long, extending your stay behind bars. Without certain races and socioeconomic classes being unable to raise specific amounts to pay bail, critics in the cash bail debate argue that cash bail creates socioeconomic and racial imbalance. Defendants from low-income families cannot manage the financial obligation of cash bail, and this results in pretrial detainees.
One should consider cash bail mainly to avoid third parties, like bail bondsmen. Nevertheless, it becomes impossible to immediately raise the money required for cash bail, making defendants consider purchasing bail bonds, as they are affordable.
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Relying on Family Members Can Strain Relationships
When you are arrested for a crime and do not have the funds to post cash bail, you call your family members or loved ones for help. There is nothing wrong with seeking help. However, you should know that these people are devastated enough by the news of your arrest. Imposing them with the financial obligation for your release, particularly when they cannot afford it, can lead to guilt or broken relationships.
You might force them to use their lifetime investments, such as real estate or a home, as collateral for a loan to fund your cash bail release. Using property to collateralize a loan for your cash bail is a considerable risk and could lead to broken relationships in case of bail forfeiture. If you violate bail conditions after release and the cash bail is forfeited, trust between family members is jeopardized. Also, they have to trust that you will obey court conditions, including court attendance, to secure a refund. Some of these conditions are out of your control and can significantly dent relationships between friends and family members.
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Refunds Come With Conditions
Another disadvantage of cash bail is that it takes time to receive a refund even after you comply with the bail terms and the case ends. You do not want this, considering the court demanded that you deposit the cash immediately before release. However, there are conditions for them to refund the money. You must wait for sixty to ninety days for the fund. Additionally, if the court imposes a monetary fine as part of your sentence, the cash bail could go towards debt repayment. Further, the court will make some deductions, meaning you will receive less than you deposited.
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The Cash Bail Money Could Be Put to Better Use
Depositing cash bail means draining your accounts or savings, which could have been used to pay bills, rent, school fees, and other essential expenses. When you use all your money for cash bail, you strain your finances, meaning you and your family will experience severe financial difficulties.
Similarly, instead of using the money for bail, you can invest in income-generating activities for profits or interest, instead of having the money stay idle in the form of cash without generating any interest.
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Suspicious Bail Can Prolong Your Stay Behind Bars
When the judge, prosecutor, or law enforcement suspect the cash bail was acquired feloniously, they will place the bail on hold and conduct a hearing where you prove the funds were legitimately obtained. Getting the evidence, like bank statements and pay stubs, takes days. So, even if you confirm the funds are not ill-gotten, it will delay your release. However, when you use a bail bondsman, the court will not have any suspicions about the source of their money, leading to a streamlined release process.
When you examine the arguments for and against cash bail, you will notice that this bail option has merits, but they do not outweigh the demerits. Therefore, instead of paying bail upfront, even when you have the money.
Advantages and Disadvantages of Bail Bonds
A bail bond is a security that your bail bondsman deposits for release. The bail bondsman becomes a guarantor for your pretrial freedom. In return, the court issues a bond for your release.
Working with a bail bondsman offers several benefits over cash bail. First, bail bonds do not strain your finances as they are affordable. Instead of raising the full bail, you only need 10% of the amount for your freedom. Even if you do not have the premium fee in full, the bail bondsman can arrange a repayment plan, which involves making a small deposit and paying the balance in installments after the defendant’s release. This cannot happen with cash bail, as the court demands the full amount before release.
Also, bail bondsmen smooth the release process. Having worked with many clients, they understand the court and jail system, enabling them to streamline the release process. You will be out of jail once the premium is paid and the contract is signed.
Additionally, the bail bondsman will offer guidance to avoid a violation even after release. With the guidance of these experts, bail forfeiture risk is minimal, so you are less likely to be arrested. However, when you post cash bail, you will not have professional guidance, and you risk engaging in a bail violation, resulting in cash forfeiture.
The downside of bail bonds is that the fee is non-refundable, and you will share your arrest details with a third party, so the legal matter might not be confidential. However, a reputable bail bonds firm will keep your arrest confidential.
When you examine the pros and cons of cash bail vs bail bonds, you will recognize that the benefits of partnering with bail bondsmen outweigh the disadvantages. Therefore, after arrest, if you cannot afford cash bail, consider using the services of a responsive bail bondsman, instead of becoming a pretrial detainee. The cash bail debate has highlighted the system’s failures, with many attempts being made to reform the system. However, with a few changes, you should consider hiring a bail bond service if you cannot raise bail.
Find a Competent Bail Bondsman Near Me
While there have been many arguments for and against cash bail in the ongoing cash bail debate, the truth is that the money-based bail system has many flaws. When you examine the pros and cons of cash bail, you will appreciate that the cons outweigh the pros. Therefore, when having to choose a bail option for a quick and affordable release, you should consider bail bonds.
At Balboa Bail Bonds, we are available to finance your pretrial release and offer guidance until the conclusion of your case. Call us at 619-760-2222 to start the bail bonds process.
Tags: The Debate Over Cash Bail: Pros and Cons