Do You Get

Do You Get Bail Bond Money Back?

Getting arrested for having committed a crime or performed an illegal act results in having to spend a amount of certain time in jail until the appointed date of the case hearing. The means to avoid spending hours or days in custody till the hearing is through the method of making the required bail payment.

The bail payment requirements vary according to the laws of each state, with the amount set based on the nature of the crime and in accordance to a predetermined bail schedule. The bail money acts as surety (financial assurance) that the defendant will show up for each case hearing on the appointed dates without any failure.

Bail Money - Is It Returned?

The bail amount is either paid by the detained offender themselves or by their friends or relatives, to get their acquaintance some time out of jail, at least until the appointed court date.

Bail money, being surety money, is returned by the system after the successful attendance of the defendant in court, on the allotted date(s). In the instance of the offender failing to put in an appearance in court for the settlement of their case, the entire bail money is held and forfeited. In order to get the bail money, the individual has to file a motion with the court which issued an order for the forfeiture of the bail, and present a very convincing and concrete reason for having missed the case hearing. Again, this is only in the case where the defendant puts up the entire bail amount without using the services of a bondman.

Sometimes, an offender might be charged a portion of their bail money as a fine or restitution for their illegal acts. While in some cases, a chunk of the entire bail amount is deducted for settling the various court and procedural expenses, before the balance is made available to the individual.

If the bail money has been paid by the offender or the relatives in cash, then it is returned to the individual after their successful appearance in court and settlement of the case proceedings. The judge declares the bail amount to be returned, which is usually refunded within around 2 weeks of the court hearing. But sometimes due to administrative flaws or long legal procedures, it might take a considerable amount time to receive the refund of a bail payment. It is important to recognize that people often get confused about what it means to get your bail money back. Bail money paid to the court is returned by the court, a fee paid to a bail agent to put up the money is a nonrefundable fee even if a judge states in open court that bail money is returned.

The Specific Case Of Bail Bonds in Los Angeles

While the bail amount is refunded to the transgressor if they have attended the case proceedings, any failure to appear on the appointed date duly results on the complete forfeit of the amount, with no refund.

Some individuals who do not have the means of paying the required bail amount because of the total being too high, have the provision of seeking the assistance of a bail bonding agency which can provide surety on their behalf. The procedure involves the offender only making around 10% of the total bail payment, with the bail bonding company offering surety that the individual will turn up for their case hearing without fail.

The bail amount paid by the defendant is returned after the case hearing, but is taken by the bail bond agency as fees for their rendered services. Thus, though the bail amount is returned, it does not reach the payer, and is duly taken by the bonding agency as just payment of their provided surety. In case of the offender failing to show up for the hearing after availing a bail bond, the agency has to make the complete bail payment because of having provided surety. But the agencies safeguard their interests by fixing collateral. The business of taking risk involves fees. The fees paid by defendants, which is only a small portion of the bail amount is called a fee because it is not a deposit.

If the transgressor had made his own bail payment directly to the court, the expected refund is the greatest incentive which inspires him to attend the case proceedings. The relatives and friends of an offender can easily get their entire or a balance of the bail amount back, provided the defendant turns up for the case hearing on the appointed date without fail and meets all obligation including turning themselves into custody to serve time if the court orders so.

This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the information of an attorney client relationship. Bail Bonds Direct makes no warranties or guarantees of case outcomes.


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Bail Bonds

931 North Vignes St,

Los Angeles, CA 90012

Phone. 213-465-4030

Fax. 213-465-4030