Wichita Bail Bonds Blog

When someone is arrested, the court may require a bond to ensure that they return for future hearings. Bonds serve as financial guarantees between the defendant, the court, and, in some cases, a bail bondsman. The three primary types of bonds used in the U.S. legal system are cash bonds, surety bonds, and property bonds. Each works differently in how payment is made and what happens if the defendant fails to appear in court.

Cash Bond

A cash bond is the simplest form of bond and involves paying the full bail amount directly to the court. The defendant, a family member, or a friend must pay the total amount in cash or certified funds to secure release from jail. This type of bond is refundable once all court appearances are completed and conditions are met, minus any administrative fees or fines.

• Payment method – Full cash amount paid to the court.
• Refundable – Returned after the case concludes if the defendant complies with all terms.
• Common use – For low bail amounts or when the defendant has sufficient funds.
• Drawback – Requires full payment upfront, which may not be affordable for many defendants.

When Cash Bonds Are Common

Cash bonds are often used for minor offenses, such as traffic violations or misdemeanors, where the bail amount is low. Some judges also require a cash-only bond to ensure financial accountability when there’s a history of missed court appearances.

Surety Bond

A surety bond involves a licensed bail bondsman who posts the bond for the defendant in exchange for a non-refundable fee, usually 10 percent of the total bail amount. The bondsman guarantees the defendant’s court appearance and assumes financial responsibility if they fail to appear. This is the most common type of bond used in criminal cases.

• Payment method – A percentage fee paid to a bail bondsman (usually 10 percent).
• Non-refundable – The fee is retained by the bondsman regardless of the case outcome.
• Collateral – May be required for high bail amounts or flight-risk defendants.
• Common use – For moderate to high bail amounts when the defendant cannot afford full payment.

Benefits Of A Surety Bond

Surety bonds provide a practical option for those unable to pay the entire bail amount upfront. They allow for quicker release from jail and professional support through a bail agent who manages the process. However, if the defendant skips court, the bondsman can revoke the bond and hire a recovery agent to return them to custody.

Property Bond

A property bond allows the defendant or a co-signer to use real estate or valuable assets as collateral instead of cash. The court places a lien on the property equal to the bond amount. If the defendant fails to appear, the court can foreclose on or seize the property to cover the forfeited bail. Property bonds take longer to process due to verification and appraisal requirements.

• Payment method – Real estate or property used as collateral.
• Processing time – Longer due to valuation and title verification.
• Risk – Property may be forfeited if the defendant fails to appear.
• Common use – For large bail amounts or when sufficient cash is unavailable.

When To Use A Property Bond

Property bonds are most common when the bail amount is high and the defendant or family owns significant assets. Courts accept property only if it has sufficient equity and no major liens. This type of bond requires formal documentation and may take several days to complete.

Other Types Of Bonds

While the three main types of bonds cover most cases, there are additional bond forms depending on the situation and jurisdiction.

• Release on Recognizance (ROR) – Defendant is released without paying, promising to appear in court.
• Federal bond – Used in federal criminal cases, often requiring higher financial assurance.
• Immigration bond – Used for individuals detained by immigration authorities.