2 Reasons You Shouldn't Pay Cash Bail To The Court

When ordering bail, judges will often give defendants the option to post bail directly to the court or to use a bondsman. While it may be quicker and easier to give cash to the state to get yourself or your loved one out of jail, here are two reasons why you might not want to do that.

The Money May Be Seized

Bail is designed to incentivize defendants into showing up for their court appointments. Not only will they get released from jail by paying it, but they'll get a refund as long as they attend their trial dates. Missing even one appearance can result in bail forfeiture, so most people show up as required to avoid losing hundreds or thousands of dollars.

In some cases, though, the court will confiscate the bail money instead of giving it back to the defendant when their case ends. This can happen when the court levies fines and fees against the defendant. Rather than wait for the defendant to pay at a separate time, the court will deduct the amount owed from the bail and refund any money left over.

For instance, if you're in court because of unpaid child support, the money you paid for your bail may be used to pay your outstanding balance. Even if the cash was put up by someone else, the court will take the funds and leave you with the responsibility to repay the party who bailed you out of jail.

You May Hurt Your Chances of Financial Assistance

Strangely enough, paying cash bail to the court can hurt your chances of receiving financial assistance with your legal needs. Certain court services—such as being appointed a public defender—require defendants to meet certain income thresholds. If you make too much money, you could be denied this service and required to hire a private attorney, which can be very expensive.

Even though your paperwork may say you are eligible based on your income, if you pay a high bail amount in cash, the court may think you actually have more money than you're reporting. This may trigger an investigation into the source of the funds and lead to a denial of your application if you're not able to show where the cash came from.

In both of these cases, it would be in your best interest to use the services of a bondsman. Because the bondsman is fronting the money for your bail, you won't have to worry about the court seizing your cash at the end of your case. Using a bail bond agency can also support your claims of being low-income, as these companies only require you to pay a non-refundable fee equal to a fraction of the ordered bail amount.

For more information about these issues or for help getting out of jail, you can see more here.

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