Can a Bail Bondsman Help With a Cash-Only Bond in Indiana?
Updated: 7 days ago
Cash-Only Bonds in Indiana: What a Bondsman Can Do
If a judge in Indiana orders a cash-only bond, a bail bondsman cannot post a surety bond in place of the required cash. A licensed bail bondsman also cannot change the bond type, reduce the bond amount, or convert a cash bond into a surety bond.
Only the court can change the bond that has been ordered.
What Is a Cash-Only Bond?
A cash-only bond requires the amount ordered by the court to be posted in the manner authorized by that court. Unlike a surety bond, a cash-only bond generally cannot be posted through a commercial bail bond company.
If the defendant or family cannot afford the cash bond, calling a bondsman does not convert the bond into a surety bond.
Instead, the defendant should speak with their criminal defense attorney or public defender about requesting a bond review or bond modification hearing.
Can a Bail Bondsman Change a Cash Bond to a Surety Bond?
No.
A bail bondsman cannot change a cash-only bond to a surety bond.
If a defendant has been given a cash-only bond that they cannot afford, their attorney or public defender can determine whether it is appropriate to ask the court to review the bond.
The judge ultimately decides whether the existing bond should be:
Kept the same
Reduced
Increased
Changed to a different type of bond
Made subject to additional release conditions
There is no guarantee that a judge will change a cash bond to a surety bond.
Can You Do a Walk-Through Bail Bond on a Cash-Only Bond?
No. A walk-through or prearranged bail bond does not override a cash-only bond order.
This is an important distinction.
A walk-through bond may be possible when the court or warrant allows an appropriate surety bond to be posted. However, if the warrant or court order requires a cash-only bond, a bail bondsman cannot perform a walk-through using a surety bond to bypass that requirement.
If the bond is cash-only, the defendant should contact their attorney or public defender and ask about the possibility of requesting a bond review or modification hearing.
The bond must first be changed by the court before a bail bondsman can post a surety bond.
What Happens at a Bond Review Hearing?
During a bond review or modification proceeding, the judge may consider information relevant to pretrial release, including the defendant's circumstances, criminal history, previous failures to appear, the pending charges, public-safety concerns, and other information presented to the court.
The judge may leave the existing cash bond unchanged or may modify the amount or conditions of release.
A request for a bond review does not guarantee that the cash-only requirement will be removed.
When Can Smith American Bail Bonds Help?
If the judge changes the bond from cash-only to a bond that permits a commercial surety bond, Smith
American Bail Bonds can then assist with the bail bond process.
Before calling a bail bondsman, verify the bond type shown on the defendant's case or jail information.
If the bond says:
CASH ONLY — Contact the defendant's attorney or public defender regarding a possible bond review.
SURETY — A licensed bail bondsman may be able to assist.
NO BOND / HOLD — The defendant generally must appear before the court before a bond can be posted.
Important: A Bail Bondsman Cannot Override a Judge's Bond Order
Smith American Bail Bonds cannot change a judge's order, remove a cash-only requirement, guarantee that a bond will be modified, or use a walk-through bond to bypass a cash-only bond.
If a cash-only bond is unaffordable, speak with the defendant's attorney or public defender about the legal options available for requesting a bond review.
If the court later authorizes a surety bond, Smith American Bail Bonds can assist with the surety bail process.
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