Criminal Defense Lawyers

Do You Receive Bail Money Back

Do You Get Your Bail Money Back?

Posting bail after an arrest is extremely common, but many people are unsure if you get that money back. Understanding the bail system is important when facing criminal charges. This article provides an overview of how bail works and the circumstances in which your bail money is returned.

Overview of Bail

After an arrest, the court may allow you to post bail to be released from jail while your case moves forward. Bail is not a fine or punishment, but rather a way to ensure you return for future court dates. The 8th Amendment prohibits excessive bail amounts.

Judges consider factors like flight risk, danger to the community, and severity of charges when setting bail. Those with minor nonviolent offenses often get released on their own recognizance without needing to post bail. Defendants with serious violent felonies or a history of failing to appear usually have higher bail amounts.

Bail can be posted in various forms:

• Cash: The full bail amount is paid in cash upfront. This money comes directly from the defendant or from friends/family helping them.
• Surety Bond: The defendant pays a nonrefundable 10-15% fee to a bail bonds company, who posts the full bail amount on their behalf.
• Property Bond: The defendant uses property they own, like a house, as collateral for bail.

Getting Your Bail Money Back

Whether you receive bail money back depends on the bail type:

• Cash Bail: The full cash amount is returned, minus administrative fees, as long as you comply with release conditions and show up for court dates. Judges keep the money if you miss court or violate release terms.
• Surety Bond: You only pay the nonrefundable fee to the bonds company. You don’t get any other money back.
• Property Bond: Your property is released back to you once the case concludes, as long as you have complied with all conditions.

Essentially, if you show up for court and follow your release conditions, you get most cash bail back, minus administrative fees. With a bonds company, you only lose the upfront payment you made to them.

What Happens If You Miss Court?

Missing a court date leads to serious consequences:

• The judge will order bail forfeited, keeping your cash deposit.
• A warrant issues for your arrest.
• New criminal charges may be filed for bail jumping.
• Future bail amounts can be much higher or denied altogether.

Bail forfeiture after missing court is extremely common. Research shows over half of felony defendants have bail revoked and kept due to procedural violations. Even without new criminal charges, skipping court results in losing your bail money.

Getting Forfeited Bail Money Back

If exceptional circumstances prevented you from attending court, it may be possible to get forfeited bail reinstated. Reasons like medical emergencies, military service obligations, or not receiving a court notice could justify reinstating bail.

You or your lawyer must file a petition for bail reinstatement with evidence justifying your failure to appear. If approved, the court returns your bail money and resumes the case. However, judges view reinstatement requests skeptically, making approval rare.

Using a Bonds Company

While bonds companies take an upfront fee regardless of case outcome, they have resources to track down defendants who miss court and bring them to authorities. This minimizes chances of forfeiting a client’s bail.

However, if 30 days pass after a missed court date without the defendant being brought in, the bonds company must pay the full bail amount to the court. They will then pursue legal action against the defendant to recoup this money.

Conclusion

Understanding bail procedures provides important legal knowledge following an arrest. Besides returning for all court appearances, comply with conditions of release to ensure you get your bail money back. Reclaiming forfeited bail due to unforeseen emergencies is difficult and rare. To reduce financial risks from missed courts dates, a bonds company may be preferable to posting cash bail directly.

Resources

How Bail Works – Overview of bail process from arrest to case resolution

Bail Bond FAQs – Common bail questions answered by criminal lawyers

Failure to Appear in Court – Details on consequences of missing court dates