Can a Judge Require Cash-Only Bail in Idaho?
Quick Answer
No. Idaho law and Idaho Supreme Court guidelines prohibit cash-only bail and require the same bail amount whether bail is posted by cash, property bond, or surety bond.
Understanding Bail in Idaho
During my more than 20 years as a licensed Idaho bail agent and more than 10 years teaching bail bond continuing education courses, one of the most common questions I hear is whether a judge can require cash-only bail. Many families assume they must come up with the entire bail amount in cash when Idaho law recognizes multiple forms of sufficient surety.
Under Idaho law, bail is the amount set by the court. The method used to satisfy that bail is a separate issue.
Idaho Law Requires Equal Treatment of Bail Options
The Idaho Constitution guarantees that:
“All persons shall be bailable by sufficient sureties…”
This constitutional right appears in Article I, Section 6 of the Idaho Constitution.
Additionally, Idaho Code § 19-2907 provides that although bail may be posted in the form of a cash deposit, a defendant generally cannot be required to post bail only in the form of a cash deposit.
The Idaho Supreme Court’s Statewide Guidelines for the Uniform Administration of Bail and Bail Bonds go even further. Published by the Idaho Supreme Court, these guidelines apply to the uniform administration of bail and bail bonds throughout Idaho.
Idaho State guidelines recognize three forms of sufficient surety:
A surety bail bond
A property bond
A cash deposit
They also state:
“Cash deposit only cannot be required.”
Most importantly, the guidelines state:
“Differing amounts for bail depending on form is prohibited.”
Example: Lemhi County, Idaho
Assume a defendant is arrested in Lemhi County and a judge sets bail at $20,000.
Families generally may choose among the approved methods of posting that bail.
Option 1: Cash Deposit
One option is to provide the full $20,000 as a cash deposit through the court or jail, subject to local procedures.
Option 2: Surety Bail Bond
Another option is to use a licensed Idaho bail bond company such as Teton Bail Bonds. A licensed bail agent can post a surety bail bond to satisfy the $20,000 bail amount.
Option 3: Property Bond
And finally a family may seek court approval to post qualifying real property as security for the same $20,000 bail amount.
The important point is that the court cannot require a higher bail amount simply because one form of bail is chosen instead of another.
Why This Law Exists
As both a bail agent and an instructor who has taught Idaho bail law for more than 10 years, I have seen firsthand why these rules matter.
Before the Idaho Supreme Court issued statewide guidance, disputes occasionally arose regarding whether courts could require different bail amounts depending on the form of bail posted.
In some cases, defendants remained in jail because they were given a cash amount they could not meet, even though they could have qualified for release through a licensed surety bail bond.
Concerns raised by the Professional Bail Agents of Idaho led to the formation of an Idaho Supreme Court Guidelines Committee, which helped clarify Idaho’s bail laws and court rules and resulted in the statewide guidelines used today.
Frequently Asked Questions
Can a judge require cash-only bail in Idaho?
No. Idaho Code § 19-2907 provides that a defendant cannot be required to post bail only in the form of a cash deposit. Idaho Supreme Court guidelines also state that cash-only bail cannot be required.
Can I use a bail bond instead of cash?
Yes. The Idaho state constitution recognizes a surety bail bond as one form of sufficient surety that may be used to satisfy a court-ordered bail amount.
Can property be used to post bail in Idaho?
Yes, Idaho law and Idaho Supreme Court guidelines recognize property bonds as one form of sufficient surety, subject to court approval and applicable procedures.
Can a judge set different amounts for cash, property, and surety bail?
No. Idaho Law specifically state that “differing amounts for bail depending on form is prohibited.” A court may not set one amount for cash, a different amount for a property bond, and another amount for a surety bail bond.
Where can I read Idaho’s bail laws?
You can review:
Idaho Supreme Court Statewide Bail Guidelines
Idaho Constitution Article I, Section 6
Related Article
If you’re unfamiliar with the difference between bail and a bail bond, read our article:
What’s the Difference Between Bail and a Bail Bond in Idaho?
About the Author
Kelly Circle is a licensed Idaho bail agent and President of the Professional Bail Agents of Idaho. He has worked in the bail industry for more than 20 years and has assisted families throughout Idaho and Wyoming with bail bonds, pretrial release, and court appearance matters.
Teton Bail Bonds provides bail bond services throughout Eastern Idaho, including Madison County, Lemhi County, Bannock County, Bonneville County, Bingham County, and surrounding areas.