Will I Get My Bail Money Back?
Bailing your friend or loved one out can be expensive. You won’t always have your money returned. This quick guide will give you a better idea of whether you can expect to have your bail bond money returned to you.
Surety Bail
Enlisting a bail agent to write a surety bond for the defendant will be cheaper because you will pay a bail premium, which is just a percentage of the total bail amount. This is what is commonly known as a bail bond. The bail bond premium is non-refundable. The premium is a fee for the bail agent’s services to manage the defendant and make sure he or she shows up to all required court appearances.
Cash Bail
If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances. If the person does not show up in court, that money will be forfeited and you will not see it again. And if the defendant gets arrested again while out on bail, no refund will be given.
If a defendant is found not guilty, the bond is discharged; if the defendant pleads guilty, the bond is discharged at the time of sentencing.
Property Bond
If you secured a property bond, it means you offered the real value of your property to the court in exchange for the defendant’s release. Property bonds are similar to cash bail in that the court will legally seize the property if the person does not show up in court.
If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances. If the person does not show up in court, that money will be forfeited and you will not see it again. You get your bail money back when the person you bailed out shows up for court at the appointed court date. If you paid the court the full amount of the bail, then you get almost 100% of the bail money returned to you. If you paid a bail bonds agency a portion of the full amount, then the money you gave the bondsman is considered their fee for posting the full amount of bail for you and it is nonrefundable.
What is the Purpose of Bail?
Bail is an agreement between you and the court. A bail bond is not a fine, it’s money given as assurance to the court that if released from jail, you will show up to trial at your appointed court date.
If you don’t appear during the court procedures, the bail money will be forfeited. It’s your responsibility to show up to court on all required dates, whether you’re guilty or not.
You get 100% of your bail bonds money back, minus very small court fees) if you paid it directly to the court. If you had to go through a bondsman, then you paid the bondsman a commission fee for fronting the money for you, and that fee is non-refundable.
What Is Cash Bail?
If you paid the entire amount directly to the court, the bond money would be returned to you after the defendant has appeared for their trial. If the defendant doesn’t make the required court appearances, that money will be forfeited.
