Santa Cruz County Release Options

Citation Release

This procedure involves the issuance of a citation by the arresting officer to the defendant, informing the defendant that he or she must appear at an appointed court date. The citation is usually issued immediately after an individual is arrested. This method is often used for minor offenses.

Cash Bail

To be released on cash bail, the individual must post with the court the cash amount of the bail to secure his or her return to court on the set times and dates until the case is concluded. If the defendant shows up for the scheduled court appearances, the cash is returned to them. If the defendant fails to appear, the cash bond is forfeited, or given up, to the court.

Surety Bonds

Surety bonds involve a contract with a bondsman (also know as a bond agent or bail agent) for the bail amount. The bail bondsman, usually being underwritten by an insurance company licensed by the state, interviews the arrested individual, family members and the final bond guarantor prior to forming an agreement to assure that the accused will appear in court. With his money on the line, a bail bondsman has a financial interest in supervising defendant`s and to make certain that they appear for trial. If a defendant fails to appear, the bail agent has time and the financial incentive to find that individual and bring them in. Simply stated, bail bondsmen profit only when the defendant shows up for trial. Bonds are usually written for a premium percentage of the bail bonds full amount. Collateral from the guarantor is then used to secure the remaining bail amount. The bail bondsman guarantees to the court that they will pay the bond forfeiture if a defendant fails to appear for their scheduled court appearances. Using the assets and property of the bondsman`s insurance makes this guarantee.

Property Bond

A defendant occasionally may obtain release from custody by means of posting a property bond. In this procedure the court records a lien on property owned by the defendant to secure the amount of bail. If the defendant fails to appear at a scheduled court date, the court may institute foreclosure proceedings against that property to obtain the bail amount.