Posting of Bonds
Bonds may be posted with the court for bail, appeal, TRO and other matters as ordered by a judge. Bonds may be ordered to be posted in the form of cash or secured bonds through a surety, or a combination of these forms. All bonds must be ORDERED by the court before being accepted by the clerk's office. All criminal bonds must be posted in the form of cash.
Cash bonds should be tendered to the cashier located in the district court clerk's office. All bail bonds will be receipted by the cashier in the name of the person identified as the owner of the cash at the time bond is posted.
Sureties used on federal bonds must comply with the following guidelines as stated below:
All sureties used must be on Department of the Treasury's Listing of Approved Sureties (Circular 570). This listing is available on the internet at http://www.fms.treas.gov/c570/index.html. Note: Be sure to read the footnote and note information at the end of the document from the Treasury if you access this information.
- The agent appointed by the surety must have a valid power of attorney filed with the court. There is a $47.00 fee to file a power of attorney with the court, however, the power of attorney is valid until revoked by the surety.
Surety bonds normally expire automatically upon satisfaction or completion of the terms set forth in the bond (ie. the defendant surrendering into custody.) If specific action is necessary to terminate the surety bond, the defendant should motion the court directing the action required to terminate the bond. Upon ORDER from the court, the appropriate action will be taken.
Refund or Release of Bond
The release of a surety bond will only be granted in response to a motion or filing with the court. A bond refund or release is not performed as a standard procedure upon conclusion of a case. Specific action must be requested by the interested party.
All cash bonds are only released upon order of the court. The interested party should motion the court appropriately.
At the conclusion of a criminal case, an ORDER requesting the refund of cash bail must be prepared for the signature of the Judge who presided over the matter. It is NOT refunded as a matter of course without a request. Your attorney prepares this ORDER for the Judge's signature.
Upon receipt of a signed ORDER from the Judge, the Financial Administrator, as soon as the business of the office allows, will issue a treasury check for the refund of cash bail as directed in the court order.
In some instances the cash bail deposit may be transferred to the Treasury of the United States upon court order as a payment of an imposed fine.