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If You Post Bail, Who Gets Back the Bond Money?
When you get a call from family members or friends who have just been arrested asking you to pay their bail and get them out of jail, your first thought is about the money. What happens to the posted bail money?
You also probably want to know, will you get your bail money back after the person is released from jail? Well, the answer to the question of will you get your bail money back is most of the time, cash paid for bail is given back to the defendant after all court hearings have been completed.
The bail process can seem confusing, especially if you have never bailed anyone out of jail before. As a bail agent, we are here to help you understand the court process and answer your questions about getting bail money back after court.
Bail Secures a Defendant's Jail Release
When someone gets arrested, the court judge sets the bail amount for their release, and the bail secures the defendant's release. Bail is meant to be an incentive for ensuring the defendant shows up for their appointed court date. Sometimes, a defendant may require help from the use of a bond.
Types of Bail
Depending on their charges and the judge's decision, multiple types of bail are available to defendants. The following offers a description of the most common options.
Cash Bail
If a defendant has the money, they can pay their bail amount in cash, also known as cash bail. Defendants can also get a friend or family member to pay their bail. Will the money be paid back if you put up cash for someone's bail? The answer to this question is maybe, depending on the type of bond that was posted.
If the defendant shows up for all required court appearances and meets all the terms of their release, you will likely have all your bail money returned. Should the defendant skip court, the money is forfeited.
Property Bail Bond
If the defendant is given a secured property bond, they can put up property collateral with the same or greater value as the bond amount. It is important to note that the court views a property bond much the same way as cash. If the defendant does not show up for the required court appearances or refuses to heed the terms of their release, the property can be seized.
Surety Bail Bonds
Often, defendants do not have enough money to get out of jail and may require a surety bond from a bail bondsman. If a person cannot afford their full amount, they have the option of hiring a bail bondsman who offers convenient bail bonds. Hiring a bail agent requires a person to put up a certain percentage of their total amount. It is important to note that the bail bond percentage is controlled at the state court level.
The total bail bond fee is non-refundable, so you will not receive this small percentage of your money back. This bond fee is considered a bail premium for services rendered by the bail agent.
How to Get Your Bail Money Back
You may be wondering who gets the bond money back, whether or not a bail bond is non-refundable, and what goes into a bail bond premium. Once you post bail money for someone, that full amount is held until the court trial is over.
Even if the defendant pleads guilty, you can be given a refund with some stipulations. The cash bail will be used as payment for any court fees, including those for a court-appointed attorney fee. You may not receive all the bail money back or any refund at all.
Allow Us to Help
As a bail bond agent, we understand the process can be a confusing subject. People often have numerous questions about posting bail for someone. If you have questions about bail bonds, we are here to help. Allow a bail agent like us to help you navigate the bond system and understand your obligations.
