When someone is arrested in Sandy Springs, one of the first questions family members ask is how to get their loved one released from custody. The answer almost always involves a bond, but not all bonds work the same way. Understanding the difference between a cash bond and a surety bond can help families make faster, more informed decisions during a stressful time. If you are navigating the bond process in Georgia, knowing which option applies to your situation and what each one requires can make a significant difference.
How Bond Works in Georgia
After an arrest, a judge sets a bond amount at a bond hearing. Bond serves as a financial guarantee that the defendant will appear for all future court dates. If the defendant appears as required, the bond is eventually returned or released. If the defendant fails to appear, the bond is forfeited, and an arrest warrant is issued.
Georgia law allows for several types of bonds, but cash bonds and surety bonds are the two most common options families encounter.
What Is a Cash Bond?
A cash bond requires the full bond amount to be paid directly to the court or jail. For example, if a judge sets bond at $5,000, the full $5,000 must be paid upfront before the defendant is released. The funds are held by the court and returned at the conclusion of the case, provided the defendant meets all court obligations.
Cash bonds are straightforward but require immediate access to the full amount. For higher bond amounts, this can be a significant financial burden for many families. It is also worth noting that courts may deduct fees or court costs from the returned amount, so the full amount is not always returned.
What Is a Surety Bond?
A surety bond involves a licensed bail bondsman who agrees to pay the full bond amount to the court if the defendant fails to appear. In exchange, the defendant or their family pays the bondsman a non-refundable fee, typically 10 to 15 percent of the total bond amount under O.C.G.A. § 17-6-30. Using the same $5,000 example, a family would pay the bondsman $500 to $750, and the bondsman posts the full bond with the court.
The key distinction is that the fee paid to the bondsman is not returned regardless of the outcome of the case. However, for families who cannot afford to pay the full cash bond amount, a surety bond makes release possible without tying up large sums of money.
Key Differences at a Glance
Upfront cost: A cash bond requires the full amount; a surety bond requires only a percentage.
Refundability: Cash bond funds are returned at case conclusion; surety bond fees paid to the bondsman are non-refundable.
Process: Cash bonds are paid directly to the court or jail; surety bonds go through a licensed bail bondsman.
Availability: Either option may be available depending on the charges and the judge’s order, though some courts restrict which types of bond are permitted for certain offenses.
What Happens If a Defendant Misses Court?
Missing a court date has serious consequences, regardless of the type of bond posted. A failure to appear can result in bond forfeiture, an immediate arrest warrant, and additional criminal charges. For surety bonds, the bondsman may also take steps to locate and return the defendant to custody to recover their financial exposure.
How The Law Office of Ahmad R. Crews, LLC Can Help
Navigating bond hearings and understanding your options in Sandy Springs does not have to be overwhelming. At The Law Office of Ahmad R. Crews, LLC, the firm is dedicated to helping clients and their families through every stage of the criminal process, including bail and bond matters in Georgia. The firm serves clients throughout Sandy Springs, Fulton County, and the surrounding metro Atlanta area.
If you have questions about a bond hearing or need guidance after an arrest, contact the firm today to discuss your situation.