Frequently Asked Questions
Cash-Only Bail Bonds™
INDEX OF QUESTIONS
Cash Bonds
- What is a Cash Bail Bond?
- Why Does the Court order Cash Bail Bonds?
- Cash Bail Bond Procedure
- Where does cash go after the bond is posted?
Bail Bond Forfeiture
- Can I get my money back on a Failure to Appear?
- What happens if I don’t pay a bondsman?
- Can a poster be arrested if the defendant Fails to Appear?
Return of Bail Bond Money
- Can I get my money back from posting a cash-only bail bond?
- When does my bond money come back?
- What happens when the court exonerates a bond?
- After a Bail Bond has been posted can the poster or indemnitor change his mind?
Supreme Court FAQs
- What is an Appearance Bond?
- Is it always necessary to post a bond?
- What will the court accept as bond?
- Who can post bond?
- What happens if the defendant fails to appear as ordered?
- If a bond is forfeited, can the person who posted the bond get their money back?
- What happens to collateral if the court orders the bond forfeited?
- What happens if a defendant appears as ordered?
SERVICE LOCATIONS
Coconino County Jail
Flagstaff office:
602 E. Butler Ave, Suite 2D
Flagstaff, Arizona 86001
Navajo County Jails
Holbrook office:
165 W. Hopi Dr, Suite #2
Holbrook, Arizona 86025
Yavapai County Jail
Camp Verde office:
(meet at jail)
3505 W. Highway 260
Camp Verde, Arizona 86322
Apache County Jail
St Johns office:
(meet at jail)
370 S Washington St
St Johns, Arizona 85936
Gila County Jail
Payson office:
(meet at jail)
108 W Main
Payson, Arizona 85541
Maricopa County Jail
Phoenix office:
(meet at jail)
201 S 4th Ave
Phoenix, AZ 86003
Mohave County Jail
Kingman office:
(meet at jail)
501 S. Highway 66
Kingman, AZ 86401
Cash Bonds:
What is a Cash Bail Bond?
A cash bail bond, typically referred to as “cash only bail bond”, is a Court-ordered financial guarantee requiring the full amount of the bail to be paid in cash. This is in contrast to the more commonly known “Surety Bond” which may be purchased from a licensed bail bond agent for 10-15% of the bond amount. Cash bonds are assigned by the Court for a variety of reasons, including: failure to pay fines, failure to appear for a scheduled hearing, out-of-jurisdictional warrants and for defendants that are considered high risk where the chance of a their failure to appear in court is great.
Cash Bail Bond 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.
Why Does the Court order Cash Bail Bonds?
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.Where does cash go after the bond is posted?
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 ten days after the issuance of the warrant, the court shall notify the surety (bail bondsman), in writing or by electronic means, that the warrant was issued. The court shall also set a hearing within a reasonable time not to exceed 120 days requiring the parties and any surety to show cause why the bond should not be forfeited. 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.What happens if I don’t pay a bondsman?
Most 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 exposes the bondsman to the risk of not getting paid. The Bail Bond Agreement forms a contractual relationship between all parties. Depending on the agreement that is 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.Can a poster be arrested if the defendant Fails to Appear?
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.Return of Bail Bond Money:
