Bail Money Back in California If Found Guilty
Getting arrested or even suspected of an offense can be frightening and distressing. In the case of misdemeanors and some felony cases, you may have the option to post bail. Bail is money paid to the court in order to get released from jail until your trial date. The purpose of bail is to incentivize people awaiting trial to attend all their required court appearances and deter them from fleeing prosecution.
There are two main ways to pay your bail: cash or a bond. When you pay cash bail, you have to deposit the full amount of your bail with the court. This is difficult for most people as most of us don’t have thousands of dollars in cash on hand. If you don’t have enough money to deposit the whole amount of your bail, you can buy a bail bond from a licensed and trusted bail bondsman for a fee of 10% of the total bail amount. The bond seller will then deposit this bond with the court in place of your bail amount, and the court will keep the bond until you appear at your trial.
Once your trial is over, assuming you attended all your required court appearances and the verdict is not guilty, you will get your bail money back. The bail amount will be returned to the person who deposited it with the court, usually within 30 days of the final disposition of your case. If you’ve worked with a reputable bail bondsman, they will contact the court on your behalf to push for the return of your money once your trial is over.
Do You Get Your Bail Money Back in California If Found Guilty?
In the case of a felony conviction, you will not get your bail money back. The money you put up will be used toward fines and penalties, if you’re found guilty. However, if you are found not guilty, the entire bail amount will be returned to the person who paid it for you.
The vast majority of bail is paid for through a bondsman. In this situation, the bail bond agent charges a 10% fee to post the bond for you and keeps that money as his or her commission. As such, you won’t get the money back, even if you are found not guilty or the charges are dropped.
In some rare situations, the judge may decide that you do not need to pay bail and will release you on your own recognizance, or without any need for you to pay money. This is more common in misdemeanor cases than felony cases, and can only be granted if the court believes you will fulfill your obligation to appear at all of your appearances. It’s important to talk with a San Diego bail bondsman about your specific case and what’s expected of you before you decide whether or not to post bail. The right bondsman can help you save a lot of money in the long run.