How Does Bail Money Work

How Does Bail Money Work, Where It Goes?

If an individual is arrested for committing an illegal act, they are detained until their case hearing is heard in front of a judge or until they post bail or bond.

What Is Bail Money in Los Angeles?

The bail money is the means to acquire temporary freedom for the detained individual till their required court hearing, in order to offer them with the needed time to prepare for the criminal case hearing. The bail money acts as a surety (or financial guarantee) provided by the arrested individual that they would show up for their case proceedings on each and every appointed day.

The bail money is set according to the nature of the crime and bail schedule, and is usually calculated to be of an amount which cannot be easily paid by the offender. But care is taken to keep the bail money within such limits so that it is possible for the arrested individual to arrange the bail amount and escape jail time, perhaps temporarily.

Bail money is either paid by the defendant themselves or by their friends or relatives to get them out of jail. In case a bail amount is too high and is impossible for a person to arrange themselves, bail bond services are availed to conveniently set up the surety on behalf of the detainee by a bonding agency.

What Becomes of a Los Angeles Bail?

The bail amount is submitted to the authorities and returned to the defendant once all obligations are met with the court. If the individual fails to make an appearance in court on the designated date, the bail is forfeited. Keep in mind that bail money is returned to the defendant in the same form that they put it up only in the event they themselves put up the entire amount. If a bond is used, the bond is returned to the bonding company at the end of the case. The fee charged by the bail agency is non-refundable however.

An individual may file a petition for the remission of forfeiture in order to have their bail amount returned to them, up to around one year of their case hearing. When the individual fails to appear for their case hearing, the surety given as bail is forfeited and a search is initiated for the fugitive.

Usually the forfeited bail is not refunded under any pretext, but in the case of special circumstances, in which the offender was unable to turn up for the case hearing due to hospitalization or other unavoidable reasons, they can file a what's called a "motion" to ask for the refund of bail.

But if everything transpires as planned and the individual shows up for their case hearing on the appointed date and all required dates, then the submitted bail amount is ordered to be returned at the end of the case hearing to the person, by the court without interest.

If bail payment was made by means of bail bonds, then the returned bail money is taken by the bonding agency as fees for their rendered services. The bonding agency provides surety that the individual will show up for the hearing and makes the required bail payment, with around 10% to 15% of the bail money paid by the offender themselves. If the individual does not show up for the hearing, the bonding agency becomes liable to make the complete bail payment.

In cases where the offender is convicted, a portion of the bail amount is deducted for the expenses of court proceedings, while the rest is returned. The time taken by the system to return the bail money to the individual usually transpires to be within a range of around 2 weeks but might take some time more, up to 90 days to complete the entire process satisfactorily.

The bail payment and refund laws vary across states, with vital specifications to be followed which make the entire process legal. Therefore, it is important to have a clear understanding of the legal dynamics of one’s own state, in case there is an urgent need to bail someone or oneself out of jail.

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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