The Eighth Amendment in the U.S Constitution protects people arrested for various criminal offenses from excessive amounts of bail. Although this is already happening, not all people can afford to pay the bail amount in full. That’s why it is common to hire 24 hour bail bonds agency for posting bail bonds. The defendant will only have to pay the bail bonds agency 10 to 15 percent of the bail amount. The bail bond agency will then guarantee the court that the defendant is not a flight risk and that he/she will be present on all court dates. Once the bail bond is processed and approved by the judge, the defendant will be temporarily released from jail.
And while others who are financially capable can post cash bail, they might want to reconsider this action because, most of the time, Denver bailbonds are better than cash bails.
WHAT IS THE DIFFERENCE BETWEEN BAIL BONDS AND CASH BAIL?
While the two have the same effect, which is the release of someone from jail, they do have significant differences. One major difference is the number of parties involved in the bail transaction. When someone posts a bail bond, he is entering into a third-party contract. Thus, the bail bond consists of three parties; defendant/co-signer, the court, the bail bond agency. In comparison, cash bail consists of only two parties: the defendant/co-signer and the court. Another difference is the percentage of money that the defendant needs to spend. Cash bail needs to be paid 100%, while the bail bond is only 10% to 15% of the bail amount.
That said, a bail bond is perceived as a better choice for posting bail. Here are some of the facts to support this claim:
A bail bond cannot be used to pay fines and court fees.
Typically, courts assess the fines and fees that need to be settled by the defendant. And when you are a family member who pays cash bail in full amount, the costs will be deducted from it. As a result, you won’t be getting the amount of money you pay in court once the trial concludes. Sometimes, the court might increase these fees if you post cash bail. On the contrary, the money you give to the 24 hour bail bonds agent won’t be used for these fees and fines.
The amount you pay for cash bail will be at risk
Once someone is released from prison through bail, he should adhere to several bail conditions dictated by the court. Whether you post bail through bail bond, cash bail, or any other means, the defendant is not exempted from bail forfeiture. However, whatever amount of cash or collateral you use to bail someone, that amount is at risk of getting forfeited.
The court might not offer you a court-appointed lawyer when you pay cash.
If the defendant cannot afford to hire a lawyer, the court will appoint you a public defender. However, if you pay cash bail, the court might interpret it as a capability to hire a personal lawyer. As a result, the judge will refuse to appoint you one.
Bail bonds will keep your information private.
Obtaining pretrial release through a bail bondsman’s help will not just lessen your financial burden but also keep your information in strict confidence. If the arrest happens in Denver, a Denver bailbonds agency may represents the defendant for purposes of posting bail. They won’t show your name as public information, especially if you only post bail for a loved one. Unlike in posting cash bail wherein your information can be accessed by everyone.