Secured vs. Unsecured Bail Bonds: Which One Works for You?

Getting a call that a loved one has been arrested is never easy. You don’t want them to stay behind bars even for a moment. You immediately start worrying and thinking – 

  • How do we get them out? 
  • How much will this cost? 
  • What does the court want from us?

While the situation feels overwhelming, everything has to be handled in a legal and systematic way. The court follows a process, and so must we. In most cases, the only way to get someone out of jail before their trial is through bail.

But that can also be confusing for most people because courts don’t treat every case the same. Depending on the charges, the judge may set either a secured bond or an unsecured bond. Each one works differently, affects costs differently, and comes with its own responsibilities.

In this blog, we’ll walk you through the difference between secured and unsecured bail bonds, what the court expects in each case, and what you should keep in mind before moving forward.

What Is a Secured Bond for Jail?

A secured bond requires a person to provide assets or cash that the court holds as a guarantee to make sure the defendant shows up for every court date. If the defendant doesn’t show up, the court keeps the security. This security can be cash, property, valuable assets, or a bail bond posted by a bail bondsman

If you don’t want to pay the security amount yourself, the best way is to work with a trusted bail bond company, pay a non-refundable percentage, and the bondsman covers the rest.

Why Do Courts Require Secured Bail?

  • If the charges are serious.
  • The bail amount is high.
  • There’s concern that the defendant might not return to court.
  • The defendant has missed court before.

In all these situations, the court asks for secured bail.

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What Is an Unsecured Bond for Jail?

An unsecured bond is trust-based, where no collateral is required. You sign a promise to appear in court, and that’s it, no upfront cash or assets tied up. If the defendant fails to show up in court, then the bond amount becomes due.

When Do Courts Use Unsecured Bonds

Unsecured bonds are typically granted when –

  • The charge is minor or non-violent.
  • The defendant has a clean or limited record.
  • The person has strong ties to the community.
  • The judge believes the risk of flight is low.

Difference Between Secured and Unsecured Bond: A Side-by-Side Comparison

Aspect 

Secured Bond Unsecured Bond
Used In Serious charges or flight risks.

Minor offenses, low-risk defendants.

Collateral Needed?

Cash, property, vehicles, or any other asset. None, just a single promise.
Risk Level Lose collateral if no-show 

Owe full bail + extras if no-show

Use of Bail Bond Company

Often involves working with a bail bond company if you don’t want to pay the full bail amount. Usually does not require a bondsman
Approval Chances Higher chance of approval for release

Depends heavily on the judge’s discretion

Financial Responsibility

Non-refundable fee (10% of bail amount) when using a bondsman Full bond amount owed if court conditions are violated
Availability Available in most cases where bail is set

Not available in all cases

While an unsecured bond sounds like the better deal, it isn’t always an option. If you find yourself in a position where the court demands security, don’t panic. Local experts providing bail bonds deal with these complexities every day and can help you complete the paperwork.

Common Myths About Bail Bonds – BUSTED

Let’s clear up a few misunderstandings we see all the time.

Myths

Facts
Unsecured bonds are always better.

Not true. Many cases don’t qualify, and missing court becomes extremely expensive.

Bail money comes back no matter what.

Only if bail is posted directly to the court and all court appearances are made.
Bail bond companies decide bail amounts.

No, the court does. Bail bondsmen help you work within what the judge sets.

You can choose between a secured or an unsecured bond.

No, only the court decides whether bail will be secured or unsecured based on the charges, risk level, and case history.

Frequently Asked Questions About Bail Bonds

1. Do you have to pay all of a secured bond?

If you are paying the court directly, yes, you pay the full 100%. However, if you use a bail bondsman (like Holly Bail Bonds), you only pay a non-refundable premium, which is generally  10%. The bail bonds company will take care of the rest of the “security” for the court.

2. Can a secured bond be changed to an unsecured bond?

Yes, but it requires a “Bail Reduction Hearing.” Your lawyer can argue that you aren’t a flight risk and convince the judge to lower the amount or switch the bond to an unsecured status.

3. How much do you have to pay on a secured bond?

It depends on the bail schedule. For example, if the judge sets bail at $20,000, a secured bond through a bondsman would cost you $2,000 (the 10% fee). If you have property to use as collateral, you might not need the $2,000 in cash, but you will need to sign over the rights to that property temporarily.

4. What happens if you don’t pay back a bond?

If you miss court, the bond is forfeited. 

  • For a secured bond, the court will seize your house, car, or cash. 
  • With an unsecured bond, the court can order you to pay the full bond amount. This may lead to wage garnishment, damage to your credit, and a new warrant for your arrest.

Takeaway

Bail situations are stressful, and decisions often have to be made quickly. When you understand the difference between secured and unsecured bail bonds, it becomes easier to know what to expect and what steps to take next.

Though the bail option depends on the charge, the court, and the risks involved, having experienced guidance can make all the difference. Moreover, working with a trusted bail bondsman not only helps to cover the secured bail amount, but they also help you in fast bail by fulfilling all legal formalities quickly.

Read More About:

  1. Bail Bonds vs Bail Money
  2. What’s the Difference Between Cash Bail, Surety Bonds, and Property Bonds? A Complete Guide
  3. How to Secure a Bail Bond in Shasta: What You Need to Know
  4. How Long Does It Take To Get A Bond Hearing

Don’t Face the System Alone – Holly Bail Bonds Is Here to Help You In Tough Times

Need fast bail bonds in Redding or Anderson? You’re in the right place!

Holly Bail Bonds is available 24/7 to answer your questions, explain the costs, and get you or your loved one home where they belong. 

With over 30 years of experience and 5 national awards, we’re the most trusted bail bonds company in California. 

Call us anytime at 877 903-3928 for a free consultation!