Getting in jail is not a pleasant experience. If possible, it is best to avoid ever needing bail. But, if it happens, the question do you get your money back once the proceedings are over and how much of it, will depend on the type of bail you have posted and how you behaved in the meantime.
In the most general terms, your bail will be refunded up to 30 days after the case against you is closed. The result of that case doesn’t matter, as the bail is not a fee or part of your sentence.
But, few cases are cut and dry like that and there are some fees that you might agree on to make the whole proceeding easier. Especially because cash bail is not as simple as it sounds and requires additional paperwork, most accused opt for a bail bond, which would incur a fee.
What Types of Bail are there?
A bail is an agreement between the accused and the state. How much that bail would be would depend on the severity of the crime for which the person is accused and if there are any prior convictions. Still, when it comes to non-violent crimes and when there are no priors, there will almost always be an option to post bail.
For first-time offenders, which includes those who might have been accused before but have been acquitted, there is the option to be released on their own recognizance. This means that no money will be necessary, but there would still be additional charges if the court date is not respected.
Accusations for violent crimes will rarely include such a release and will need some type of bond before the accused is released. The price of bail will always be expressed in USD and could be paid in cash.
The third type of bail is through a bond provider. You would be able to either pay only a nominal amount or sign for release and pay the fee for the bail bond at a later date.
Finally, there are property bonds. With such bonds, there might be a lean on your property or your vehicle that would be activated in the case that you skip your bail and don’t appear in court.
The Outcome Doesn’t Determine the Refund
There is no connection between Do you get your money back and Do you get convicted. The bail itself, while issued by a judge, is not a part of your sentence or your charge. Rather, it is a deal between you and the state that you will honor the court date set by the judge.
For certain accusations, especially for those with prior felonies, there will be no bond posted. Rather, heinous crimes and those determined to be a flight risk will have the judge refuse a bail deal of any kind.
But, in virtually all other cases there will be a bond. The court will determine a reasonable amount depending on the accused’s situation. The bail is meant to be something most accused can’t simply neglect and run away from the charge.
That being said, if the accused has appeared in court and all other fees have been settled, the bail money will be returned. Even if convicted, if the court date is respected, there will be a refund.
Do You Get Your Money Back from a Cash Bail?
Yes. You will receive a refund up to 30 days after all proceedings are over. You will need to apply for this refund with the court where you were held, which is a rather simple process.
Take note that some court fees and deductions can be garnished from your bail refund. Do you get your money back in full will mostly depend on the judge, as well as the specific court practice where you are being held.
Do You Get Your Money Back from a Bail Bond?
When it comes to bail bonds, the timeline is very similar to what you would expect with cash bail. But, there will always be deductions and you should read about the bail bond conditions before you sign.
What frequently happens is that the bond company will only ever charge you the premium you would be expected to pay. The company will get a refund of your bond, and they will keep the premium you have already paid.
In such cases, you don’t need to bother with any paperwork once the court proceedings are done. You will get a slip from the bail bondsman that everything is clear, and you can be on your way.
If your bail included a lean on your property, you will need to request dissolution of that lean from your bail provider. In most cases, it will be ready on the day of your sentencing, as the outcome of the trial doesn’t matter, but it might take a few days more.
Deductions and Court Fees
While justice might be free, court administration is not. There is a whole list of filing fees that most people will encounter sooner or later. For those who are accused, some of these fees might be taken from their bail payment.
Depending on the charge and the amount of the bail, the fees can become a serious part of the bail money. But, the deductions will usually be a percentage and will seldom pass 10% of the total amount.
Consequences for Skipping Bail
Not attending your court date can be one of the most detrimental and, honestly, one of the dumbest things you can do when having a court case. This sentence is equally valid for skipping bail and simply neglecting to appear in a civil case.
Always attend all of your court dates. If there is a valid reason not to attend, and there aren’t many, file that before the court date so you don’t suffer the consequences.
Skipping bail will incur additional charges, forfeit any amount paid to the court, as well as any collateral, and will severely impact how your case will be handled by the judge in the future.
And, if you are skilled on a bail bond, the bail provider will employ a bail agent. This person will have the legal right to track and apprehend you, making so that you lose your money and your liberty.