Category Archives: Cash Bond

A bond where the money is paid directly to the court.

Marion County Bail Bond Codes

Jeff Downer  In Marion County, Indiana there a variety of bail bond types.  It is important to understand the nature of each bail bond type because each has its own rules about how much money is required and the procedures by which it is posted.

These bail bond types are frequently referred to by their computer code designations.  Find below list of bail bond types sorted by their codes and accompanied by an explanation of how to determine the amount to be paid and the procedures to be followed.

  • SR Bond –  The SR code designates a surety bond.   A surety bond requires the use  of a bail bondsman to post the bond.  The bondsman’s premium fee is 10% of the total bond amount set by the court.  If the bond is set at $10,000, the bondsman would be paid $1000 to post the bond.
  • CS Bond – The CS code designates a cash bond.  A cash bond would require that the entire amount of the bond set by the court be posted directly with the court clerk.  If the bond is set at $500 then then that amount must be paid.  Any person is eligible to post a cash bond.  Once the case is over the bond money will be returned less any fines and court fees that are deducted.
  • PR Bond – The PR code designates a percent bond.   A percent bond would require a payment of 10% of the total bond amount to be paid to the court clerk.  If the bond is $10,000 then the court clerk would need to be paid $1000.  Any person can post a percent bond. Once the case is over the bond money will be returned less any fines and court fees that are deducted.
  • XC Bond – The XC code designates a type of split bond.  XC bonds are a hybrid of a surety and a cash bond requiring a bond of each type to be posted.  How much that required to be paid can be confusing with an XC bond.   An $11,000 XC bond would require both $1,000 cash and $10,000 surety bonds to be posted making the total expenditure $2,000.
  • XR Bond – The XR code designates another type of split bond.  XR bonds are a hybrid of surety and percent bonds.  Again calculating the amount to be paid is confusing.  For example a $5,500 XR bond would require both a $5,000 percent bond and a $5,000 surety bond requiring a total expenditure of $1,000.

There are three other codes which are used instead of bond codes and designate release statuses that do not involve the use of bail bonds.  They are:

  • OR – OR means release on own recognizance.  It simply means that the defendant is to be released without the posting of a bond.
  • NB – NB indicates that the defendant is to be held without bond and is not eligible to be released.
  • CR – CR indicates a court ordered release due to no charges being filed or the case has been dismissed.
Share
Posted in Bail Bonds, Cash Bond, Indianapolis, Own Recognizance, Surety Bond. Tagged with , .

Where to Post a Marion County Cash Bond

Jeff Downer  In Marion County, IN bail bonds are often required by the courts to be of the cash variety.  Cash bonds are commonly referred to as CS bonds and are paid directly to the court clerk.  The cash bond may be posted as a stand alone bond or as part of a split bond (known as XC or XR bonds) in conjunction with a surety bail bond posted by a bail bondsman.

The question then arises of where these cash bonds can be posted.  There are two locations where cash bonds are accepted.  These locations are the City-County Building in Room T-644 or at the Arrestee Processing Center (APC) at 752 East Market Street.

The City-County Building location is open week days during normal business hours while the APC court clerks is available on a 24/7 basis.  For accessibility and parking reasons I would suggest posting a cash bond at the APC.

Click here for phone numbers and directions for the court clerks office and the APC.

Share
Posted in Bail, Bail Bonds, Cash Bond, Indiana, Indianapolis. Tagged with .

Is Bail Bond Premium Refunded?

Jeff Downer  The fee paid to a bail bondsman is called premium.  The premium is earned by using the bail bond company’s financial resources for the full bond amount as a guarantee the defendant will appear in court.  At Jeff Downer Bail Bonds the premium is set by law at eight percent of the bond amount.

Once the case is over, bail agents often are asked if the premium will be refunded.  The answer is no for two reasons:

The first reason is that the premium was earned.  The defendant did not have come up with the entire amount of the bond to be released.  The bail bond company did that and as an insurer assumed the financial risk of the defendant’s failure to appear in court.

The second reason is that the refunding (or rebating) of premium by bail insurers is prohibited by Indiana law and is a criminal offense:

IC 27-10-4-2
Advising employment of attorney; paying fees or rebates; acting as attorney; accepting property; soliciting business
Sec. 2. (a) A bail agent or recovery agent may not do any of the following:
(1) Suggest or advise the employment of or name for employment any particular attorney to represent the bail agent’s principal.
(2) Pay a fee or rebate or give any property to an attorney in bail bond matters, except in defense of any action on a bond.
(3) Pay a fee or rebate or give or promise any property to the principal or anyone in the bail agent’s behalf.
(4) Participate in the capacity of an attorney at a trial or hearing of one on whose bond the bail agent is surety.
(5) Accept any property from a principal except the premium, bail bond filing fee (when applicable), and transfer fee (when applicable), except that the bail agent or surety may accept collateral security or other indemnity from the principal that must be returned upon final termination of liability on the bond. The collateral security or other indemnity required by the bail agent or surety must be reasonable in relation to the amount of the bond.
(6) Solicit business in or about any place where prisoners are confined or in or near any courtroom.
(b) A person who recklessly violates this section or who operates as a bail agent or recovery agent without a valid license commits a Class A misdemeanor.
As added by P.L.261-1985, SEC.1. Amended by P.L.224-1993, SEC.26.

Confusion about the refunding of premium is understandable. The posting of a cash deposit with the court can be an alternative.  If the defendant has been required by the court or chosen to pay the entire bond amount as a cash bond themselves, then that deposit is eligible to be refunded minus any fines, costs or fees levied by the court.

More information about surety bail bond regulation can be found at the Indiana Department of Insurance Bail Bond Division website.

Share
Posted in Bail, Bail Bonds, Business, Cash Bond, Indiana, Law, Surety Bond. Tagged with , , , .

Who Needs a Bail Bondsman?

Jeff Downer  Just because someone has been arrested does not mean a bail bondsman will be required to post bail.   Defendants may be released to await trial by a variety of means.  The terms and conditions of pretrial release is set by the court.

The form of pretrial release the court may choose from is as follows:

  • Own Recognizance (OR) – An OR release doe not require the posting of any type of bond.  The defendant is released on only on their promise to appear.
  • Cash Bond – The court sets an amount and requires the entire amount of the bond to be deposited directly with the court.
  • Ten Percent Deposit Bond – The court sets a bond amount and ten percent of that amount is deposited directly with with the court.
  • Surety Bond – Also known as commercial bail, the court sets a bond amount which may be posted by a bail bondsman.  The bondsman charges a fee of ten percent of the total bond amount to post the bond.

When seeking to post a a bond, a bail bondsman is only necessary when the court has specified surety or commercial bail.

Share
Posted in Bail Bonds, Bondsman, Cash Bond, Commercial Bail, Own Recognizance, Surety Bond. Tagged with .

How Bail Is Determined

Jeff Downer  The question of how bail is determined comes up often.  The short answer is the amount, type and conditions of bail are set by the court.  Bail is initially set when the court issues a warrant or when the the defendant is processed into custody on an outright arrest by law enforcement.

The vast majority of arrests are of the outright variety and are set according to local court rules.  During the booking process intake personnel will apply a bond schedule or calculate a bail per the criteria provided by the court.  How bail is determined will vary from county to county and can be quite diverse.

If the defendant does not immediately post bail, the issue of bail can be readdressed during the defendant’s initial hearing or later on in a bail review proceeding.   Such occasions allow for the consideration directly by the court of information and factors not available at the initial bail determination.

Throughout the bail determination process the key considerations center on charge severity, risks of fleeing and concern for public safety.

Share
Posted in Bail, Bail Bonds, Cash Bond, Law, Own Recognizance. Tagged with , , .