Cash-Only Bail Bonds™
Frequently Asked Questions
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Index of Questions
Why Does the Court make Cash Bail Bonds
Cash Bail Bond Procedure
Bail Bond Forfeiture
Return of Bail Bond Money
Arizona Supreme Court FAQs
Why Does the Court order Cash
Cash bonds are
set by the court for a variety of reasons, including the most common causes; failure to pay a fine on a prior case, arrest
on an out-of-jurisdictional warrant, and failure to appear before the court on a scheduled appearance. In these
cases, the court orders a cash-only bond in an attempt to secure a cash fine or ensure the appearance of a defendant it may
consider to be a flight risk.
If the defendant or his family posts the bond, the
court may opt to retain the cash as payment toward fines and court costs; for this reason, having an authorized third-party
post your cash gives you a better chance of getting your money returned.
Cash Bail Procedure: Cash
bonds may be posted at the Court during regular hours or at the jail, after hours. Cash bonds posted at the jail, must
be paid with the exact dollar amount; the jail will not make change. If a cash bond is posted at the jail, it may take
as long as two weeks before the Court receives the cash. It is for this reason that the Defendant should carry their
bond receipt to Court and inform the Judge that bail was posted on their behalf. I have seen cases where the Court had
not received the cash in time for the hearing and would attempt to arrest the defendant because there was no evidence of a
bond being posted. Where does cash go?
Cash is retained with the
Court until the Defendant’s case is disposed and/or the bond is exonerated. The Court will refund the bond posted
within 2-6 weeks after exoneration I always recommend to my clients that they ask the judge to exonerate the bond each
time they attend a hearing. The Court is forced to make a minute entry and address the bond issue when it is discussed.
Frequently, bond exoneration is not mentioned by the defendant and days or weeks may pass before the Court Clerk asks
the Judge what he wants to do with the bond.
The most common type of questions I receive
from clients and people coming to my website are questions concerning return of funds, return of collateral and bond forfeiture.
The following questions are taken directly from those inquiries.
Bail Bond Forfeiture:
Can I get my money back on a Failure to Appear?
A Failure to appear (FTA) is a charge issued by the Court when the Defendant
fails to appear to a scheduled Court hearing. When the Defendant Fails to Appear, the Court will schedule a Forfeiture
Hearing and issue a warrant for the Defendant’s arrest. Within 45 days of the Defendant’s no show, the Court
sends a summons to the Defendant and Bond Poster (Bail Bondsman), notifying them of an Order to Show Cause hearing for Bond
Forfeiture. If the Defendant cannot be located before the Forfeiture Hearing the bond will be forfeited.
If the Defendant’s non-appearance was a result of a misunderstanding or unavoidable circumstance,
the Defendant may be able to reschedule his/her missed hearing by contacting the Court and explaining their circumstance.
If the Court is willing to reschedule, then chances are good the bond forfeiture will be cancelled at
the next hearing.
bondsmen require the payment of premium and the receipt of collateral prior to posting any bond; however, some bondsmen
will take payments on premium or even post a bond before receiving collateral. This type of practice leads the bondsman
exposed to the risk of not getting paid. The Bail Bond Agreement forms a contractual relationship between all parties.
Depending on the agreement signed with your bondsman, nonpayment of premium/fees or not fulfilling your collateral requirement
may result in the re-arrest of the Defendant and/or a potential civil action against the indemnitor/Defendant.
What happens if I don’t pay a bondsman?:
A poster cannot be arrested if the defendant does not show to his hearing. Although the
Indemnitor/poster is responsible for ensuring that the Defendant shows for each and every one of his hearings, his responsibility
is only a financial one. The Indemnitor/poster may lose cash or collateral when the Court forfeits a bond, but the Indemnitor/poster
is not subject to arrest if the Defendant fails to appear.
Can a poster be arrested if the defendant does not show to his hearing?:
Return of Bond Money:
Failures to Pay and Failures to Comply cases. Although, many Arizona Courts view bonds posted in those cases as appearance
bonds and exonerate them after case disposition, other Courts view cash-only bonds as Purge Bonds and use the money posted
to satisfy fines. Bonds posted by professional bondsmen are less likely to be attached by the court to pay fines.
Bonds posted by the Defendant, or Defendant’s family and friends, are prime targets for attachment by the Court.
If you post your own bond, read what you sign. If you are required to sign your cash over to the defendant,
say goodbye to your money.
Can I get my money back from posting a cash-only bail bond?:
If you posted
your cash on a bail bond either by yourself or through an agent, any cash due you will be returned after bond’s exoneration.
The Court will issue a check in 2-6 weeks after exoneration; If you used us to post your cash, we will mail your bond refund
within 24-hrs of its receipt from the Court.
When does my bond money come back?:
When the Court exonerates a bond, it releases the bond poster of his responsibility of making sure the Defendant appears to
his Court hearings. Generally, if a paper bond was posted, the bond is returned to the Surety company. If cash
was posted, then cash will be returned to the one who posted it. Be aware, that there are several instances where the
Court may want to hold on to the cash. If you plan to post cash yourself, be sure to ask the Court what their policy
is for refunding the bond. If you use a bondsman, be sure to use one who is familiar with posting cash bonds and who
will stay on top of the Court - fighting for a full cash refund.
What happens when the court exonerates a bond?:
Bonds submitted to the Court or jail become the immediate property of the Court and cannot
be returned without the Court ordering them exonerated. Once the bond is posted, the Defendant will be released
to the custody of the Bondsman. The Bondsman cannot surrender a Defendant at the whim of the Indemnitor (just because
he/she changed their mind), unless there has been material non-compliance with the terms of the Agreement or evidence of fraud.
As long as the Defendant remains in compliance with the Bail Bond Agreement and attends all of his/her hearings, the bond
will remain in effect.
After a Bail Bond has been posted can the poster or indemnitor change his mind?:
Yavapai County Courthouse
CASH-ONLY BAIL BONDS™
Phone: (928) 773-1997
LOCATIONSCoconino County Jail
602 E. Butler Ave, Suite 2D
Flagstaff, Arizona 86001
Apache County Jails
165 W. Hopi Dr, Suite #2
Holbrook, Arizona 86025
Yavapai County Jail
Camp Verde office:
(meet at jail)
W. Highway 260
Camp Verde, Arizona 86322
Maricopa County Jail
(meet at jail)
201 S 4th Ave
Phoenix, AZ 86003
What We Do:
We are Arizona's only bail bond company that specializes exclusively in cash-only bail bonds...more
about Cash Bail Bonds.
Serving Flagstaff, Camp Verde, Holbrook, Winslow, St Johns, Page, Prescott and all other communities located in Coconino,
Navajo, Apache, and Yavapai counties, Arizona...more on Bail Bond Service area.
Acceptable Forms of Collateral:
Titles to cars, trucks, flatbed trailers, real estate,
jewelry, cash, assignmnets on CDs, bank accounts, stock accounts...learn more about Bail Bond Collateral.
Would you like to know the bail amount or status of an inmate in the Apache County, Coconino County, Navajo County,
or Yavapai County jail? Try our Bail Bond Inquiry Form or call (928) 773-1997 for immediate attention.
Bail Bond Blogs: Read more about the bonding process from our blogs. Blogs include
advice on how to prevent rearrest and how to get prepared in case you do get arrested...Bail Bond Blogs
Contact a Bondsman: For fast service call (928) 773-1997 or use our online contact form to ask a question about bail bonds or to leave a comment.
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