Bail Money: Refund Rules After an Innocent Verdict
When it comes to bail money, many people wonder whether they will receive a refund if they are found innocent. The answer can vary depending on the state and the method of bail posted. In California, for instance, the process of obtaining bail can differ and affect the eventual refund of the bail money. Let's explore the details of each method.
Understanding Bail Methods in California
California has three primary ways to post bail: a bail bond, posting cash, and a property bond. Each method comes with its own specific rules and consequences thereafter.
Bail Bond (Surety Bond)
The first method is through a bail bond, which involves contracting with a bail bonds business. When a bond is posted, you agree to pay a fee – typically 10% of the total bond amount – to the bail bondsman, while the business posts the bond with the court. Although the fee is non-refundable regardless of the outcome, the bond itself can be returned once the criminal trial concludes.
In the event of a win, the entire bond amount can be refunded. However, if you lose, the bond is forfeited, and the bail bondsman keeps the fee. Similarly, if you fail to appear in court (skipping out), the bond is also forfeited, and the bail bondsman is entitled to the full amount.
Cash Bond
If you post a cash bond, the entire amount is refunded regardless of the outcome of the case. This means that if you are found innocent, you will receive the full cash deposit back. However, if you are found guilty or fail to appear in court, the full amount of the bond will be forfeited.
Property Bond (Collateral Bond)
The third method of post is through a property bond. In this case, the bail amount is secured by your property, which must be valued at least twice the amount of the bond. The lien on your property is removed once the court proceedings are concluded. If you skip out, the property can be sold to cover the bail amount.
What Happens if You are Found Innocent?
For those who use a bail bondsman, the fee is non-refundable, even if you are found innocent. The bail bondsman will keep this fee regardless of the outcome of the case. On the other hand, if you use cash, the entire amount will be refunded, minus any applicable fines or costs.
It is important to consult with your lawyer to understand the specific rules and procedures in your area. While the general rule is that you will keep your bail money if you are innocent, there can be exceptions depending on the state and the method of bail used.
Child Support and Other Legal Costs
In some cases, such as with child support findings, the bail amount may be applied to outstanding support obligations. Additionally, if you plead guilty, the bail can be used to cover fines and costs.
Conclusion
Whether you receive your bail money back after an innocent verdict depends on the method of bail posted and the specific laws in your state. It's crucial to stay informed and seek legal advice to navigate the complexities of the bail process effectively.