Bannock County

Any person can post bail for themselves. If a defendant cannot afford to post bail, any other person over the age of 18 may do so on their behalf.

It could take several months for the process to be completed. If you post a cash bond, you might receive some or all of that money back, but only after the case is finished and the required paperwork is processed. On the other hand, if you post a surety bond, you will not get back the money you paid for the premium or the Sheriff’s fee.

A cash bond is the total amount of bail, including the nonrefundable $10 Sheriff’s fee.

Example:  A $500 cash bond would cost a total of $510 ($500 plus $10).

For instructions on how to post a cash bond, call your local Sheriff’s Office. Note: It is unethical for a bail bond agent to post a cash bond on your behalf; a cash bond can only be posted by the defendant or another person.

You can have the defendant return to jail at any time, as long as they do so before missing a court date. If the defendant is returned to jail, you will need to obtain the necessary paperwork from court personnel at your local courthouse. Complete the paperwork and submit it to the court. A deputy clerk will then present the paperwork to the judge for approval. Please allow approximately two weeks for processing after the judge has approved the paperwork.

It depends. If the defendant attends all court appearances and either pleads guilty or is found guilty, by Idaho law, I.C. 19-2923, a cash bond can be used to satisfy fines and costs:

…when the money has been deposited, if it remains on deposit at the time of the judgment for the payment of a fine, the clerk must, under the direction of the court, apply the money in satisfaction thereof, and after satisfying the fine and costs, must refund the surplus, if any, to the party posting the deposit.

If you are using your money to post a cash bond for the defendant, please tell the jail your name and address. If you are using the defendant’s own money to post the cash bond, tell the jailer that the bond money should be receipted in the defendant’s name. The bond receipt should be made for the person whose money is being used for the cash bond. If there is any money left, it will be returned to the person whose name is on the bond receipt. If the defendant attends all court appearances and the charges are dismissed or dropped, the person whose name is on the cash bond receipt will receive a refund of the cash bond. It takes about two weeks for the refund to be mailed to the person who posted the cash bond.

The judge will issue a warrant for the defendant’s arrest, and the bond will be forfeited (defaulted). If you post a cash bond for the defendant, there are only two ways you can get your money back:
1) You must find the defendant and turn him or her back to the jail within 180 days of the bench warrant;
2) If the defendant is arrested and put back in jail within 180 days of the warrant, you can request your cash bond back. If either of these happen, you go to the courthouse and ask for the “Request for Exoneration and Return of Cash Bail, Certificate of Surrender, and Order for Exoneration and Return of Cash Bail”.

Fill out the paperwork and give it to the Court. The judge will review it and if approved, the cash bond will be mailed back to you. If the defendant isn’t found or arrested within 180 days, the Court will keep all of your cash bond.

A surety bond is an agreement between an individual and a bondsman. The bondsman agrees to post the necessary bond so the defendant can be released from jail. This agreement is secured by a contract with an insurance company, which is signed by both the individual and the bondsman on behalf of the insurance company.

To back the bond, there must be sufficient cash or collateral to cover the full amount of the bond in case the defendant fails to appear in court. Only individuals licensed by the State Department of Insurance are authorized to post a surety bond.

If you don’t have the cash to cover the full bond amount and the Sheriff’s fee, you may wish to hire a bondsman to bond yourself or someone else out of jail.

As mentioned above, sometimes the Court requires a cash bond. If you are posting bail for yourself or someone else and want to avoid the risk of losing part or all of your cash to cover the defendant's court fines, fees, and restitution, it may be a good idea to hire a bail bondsman.

A surety bond will cost you a surety bond fee AND a Sheriff’s fee of $10. You will not get any of the surety bondsman’s fee or the $10 back because it is nonrefundable. The surety bondsman’s fee, set by the insurance company, may cost about 10% of the total bond plus $25 or $35 dollars. This fee can be different from company to company, and their amounts should be listed with the Idaho Department of Insurance.

Call one of the bail bond agents listed in your area. The defendant and a cosigner will be required to sign the bail agent’s contract.

If the defendant misses a court appearance, you may be expected to assist the bail bond agent in finding the defendant, to pay the bond agent’s expenses of finding the defendant, and to pay the full amount of the bond if the defendant cannot be found.

The premium and the Sheriff’s fee are not refundable. Whether the remainder of your money and/or collateral is returned or not depends on what you and your bond agent agreed to in the contract. Each contract is different.