Bailing someone out can be super expensive. But will you get your money back?
Unfortunately, getting bond money back is not definite.
Keep reading to find out everything you need to know about returning bond money.
Types of Bond
There are several types of bond payments that you may have made. Whether you can get your bond money returned will depend on what type of bond you have paid.
Surety Bail
Surety bail bonds are usually cheaper than other types of bond. They are also easier to pay off if the person who was bailed out does not show up for court.
The surety bail bond company pays a portion of the bail amount and then collects from the defendant when they appear in court.
The surety bail bond agent gets their money back by collecting from the defendant.
The Surety Bail Bond Company:
• Pays a percentage of the bail amount
• Collects from the defendant
• Gets its
Cash Bail
A cash bail typically entails paying 100% of the bail amount directly to the court.
If the defendant shows up in court, they must pay the full bail amount plus any additional fees.
If the defendant doesn’t show up in court, the bail bond company keeps the money.
Property Bond
A property bond is just what it sounds like – you offered the value of your property to the court to secure the defendant’s release.
Property bonds are typically used when the defendant has assets that could be seized while they are awaiting trial.
You might think that you would get your money back after the defendant appears in court, but this isn’t always the case.
Some courts do not return the money until the defendant is convicted. Failure to appear at court and your property will be seized.
You should check with your local courthouse before taking out a property bond.
What Happens After I Pay My Bond?
Once you’ve paid your bond, there are two main things that happen. First, the judge releases the defendant into your custody.
Second, the defendant must stay away from the crime scene.
When the defendant leaves the jail, he or she is released into your custody.
This means that you are responsible for them until they leave the jurisdiction.
It is important to note that the defendant cannot go anywhere without your permission.
Once the defendant is released into your custody, they must stay away from the location where the crime occurred.
If the defendant violates this order, they could face more charges.
How Long Do Bonds Stay On File?
Bonds stay on file for 30 days unless you request an extension. If you want to extend the time period, you must send a letter requesting the extension within 10 days of your original payment date.
In most cases, the defendant will be required to post a new bond once the existing one expires.
How Do Bail Bonds Work?
Bail bonds are usually the best way to post bail, particularly for severe charges.
High bail requirements often result from severe crimes. If defendants can’t afford bail, they can call bail bondsmen.
The company will post bond for the defendant.
For posting bail, the defendant must pay a bail premium to the bail company. The premium can be anywhere from 10 to 20 percent of the bond.
If the defendant shows up for all of his court dates, the company recovers its investment. The defendant doesn’t get the premium back.
If the defendant fails to appear for his court date, the bail bondsman loses the money he posted. The defendant must pay back the bail company.
The company can sue the defendant for damages to get their money back if you do not pay.
If defendants fail to appear for a court hearing, they lose their bail money.
Can I Cancel My Bond?
Yes, you can cancel your bail bond. To cancel, call the bail bond agency and ask about cancellation policies.
When Do I Get My Bond Money Back?
After you’ve paid your bond and the defendant has been released, you’ll receive notice that your bond has been canceled.
At this point, you’ll need to contact the bail bond agency to arrange for the refund.
Some bail bond agencies will give you a partial refund if the defendant fails to appear in court. Others won’t refund anything unless the defendant is convicted.
Some states require that bail bonds be filed with the clerk of the court. In these situations, the bail bond agency will keep the money until the case is resolved.
How Much Is Bail?
The cost of bail varies depending on the type of bail bond. The bail bond company sets the price based on several factors including:
• How long the defendant will remain free pending trial
• Whether the defendant has prior criminal convictions
• Whether the defendant has other outstanding warrants
• The amount of collateral posted by the defendant
• The risk level associated with the defendant
If you’re arrested for a misdemeanor offense and charged with a felony, you may qualify for pretrial intervention (PTI).
PTI allows the state to postpone prosecution for up to 12 months.
What If Someone Skips Bail?
If someone skips bail, you may lose the money you put up as a guarantee.
If the person who skipped bail returns to court, the judge may decide to hold him or her in contempt of court.
This means that the person could spend additional time in jail.
Bail bondsmen charge the lowest amount when the person on bond shows up to court. But if he skips bail, then he loses the bail money plus any additional fees.
He may owe more than the original bail amount.
Final Thoughts
If you’re thinking about getting a bail bond, make sure you understand how the process works. Remember, you don’t have to take out a bond.
There are other ways to ensure that defendants show up in court.
If you decide to take out a bond, make sure you know all the details.
