Bail bond amounts can reach very high figures. Even if you only have to take care of up to 10% yourself, thanks to the help of bail bond agents, you can still feel the sting of putting up your own money to pay for it. Many people wonder what exactly happens to the money that they pay and whether it's ever possible to get it back. To understand what happens to bail money, it's first important to understand what bail is for and how the bail bond system works.
When a bail bonds agent like Mr Nice Guy Bail Bonds helps you to post bail, what happens next?
What Is a Bail Bond?
When someone is arrested and charged, a bail amount might be set to allow them to be released from jail until their court date. Some people might pay the bail amount themselves but many people use bail bonds to help them post bail. Bail bonds are provided by bail bond companies and are a type of surety bond that provides a guarantee that the defendant will turn up in court. If the defendant doesn't appear in court, the bail bond company will pay the full amount and recoup their losses from the defendant.
Bail bonds are overseen by the California Department of Insurance. Licensed bail agents insure bail bonds and represent surety insurance firms.
A bail bond company will usually charge a certain percentage of the total bail amount and cover the rest. This is usually a maximum of 10%, but can be lower and sometimes might be zero.
How Is the Bail Amount Set?
A judge will decide the bail amount, and there will be several factors taken into account to determine how much it should be. They will look at the defendant's criminal record, as well as whether they are a flight risk and if they can be trusted to show up in court. Other factors that will be looked at include whether the defendant has any family obligations, such as caring for children or an elderly family member, and their standing in the community. The severity of the crime that they are accused of is also taken into account.
What Happens to Bail Money?
After you have posted bail, what happens to the money? Money you have posted to pay the total bail amount will be held until the end of the case. The money can be released either when the trial arrives and the defendant makes an appearance as required, or when the charges are dropped. In order to get the money back, it's necessary for defendants to provide proof that they are no longer held under bail conditions. This will often be in the form of a written notice.
Even if the defendant is convicted of the crime they are charged with, the bail money can still be returned. The defendant is required to appear in court when they are asked to, and whether the bail is repaid doesn't depend on the outcome of the trial. Therefore, the money will be given back to the person who posted it, or it can sometimes be used to pay for court fees.
However, if you have paid a premium as part of a bail bond, you won't get the money back, no matter what happens with the case. If you posted the bail amount yourself, the money can be returned to you after the defendant has appeared at all required court dates.
Sometimes, bail money might not be returned in its entirety if the charges are dropped. Some or all of the money can be kept to pay for court fees, fines, or restitution.
How to Get Cash Bail Back
If you have paid cash bail, you can get it back after the defendant has appeared in court and the case has been resolved. However, the process isn't instant, and you may need to be patient. It could take from 6 weeks to several months for the cash to be returned to the person who paid it. The bail amount will also be forfeited if the person doesn't show up for court. If you are using a bail bond instead of cash bail, not only will you not get your premium back but the company can also use any collateral or sue to get their money back.
Another option that some people might use is a property bond. This means putting up the real value of your property as a guarantee that the defendant will appear in court. It works in a similar way to cash bail in that the court can take the property if the defendant fails to appear, but nothing will happen if the defendant appears at all of their required court dates.
Why Don't You Get Your Bail Bond Premium Back?
When you pay a bail bond premium of up to 10%, it's kept as a fee for handling the bail amount and other matters. In return, you don't have to find the full amount of the bail, which the vast majority of people can usually not afford. It enables you to post bail with only a limited amount of cash, and sometimes you might not need to pay a premium at all.
Some people can qualify for no collateral bail bonds if they have a cosigner or indemnitor and they are not dealing with a federal or immigration case. There are also various types of collateral that can be used, including cash, real estate, vehicles, and other items of value.
Mr Nice Guy Bail Bonds can help you with bail bonds if you don't have the cash to pay the full amount of bail. Our flexible bail bonds can be arranged to meet your needs, so don't hesitate to get in touch and find out how we can help you with bail bonds of different types. You can also fill in our online bail bond application form to get started with the process and find out more about what we can do for you.
