Do You Get Bail Money Back If Case Is Dismissed

Posted on Baronial nineteen, 2022

A woman receiving her bail money back after appearing at all of her required court dates.

Posting bond tin cost anywhere from the hundreds to more than a million dollars. Then naturally, everyone wants to know: Is this similar a nonrefundable deposit? Or is it possible to get the coin back?

The specific answer depends on how yous posted bond and whether or not yous fabricated all your court appearances. In general, the following outcomes are typical:

y'all volition become your coin back if you paid cash bail and made all your required court appearances,
y'all will not go your money dorsum if yous paid greenbacks bond and missed a court date, and
y'all will not go your money back if you posted bond past means of a bail bond.

In the criminal court organization, bail is money that must be posted with the court in order for an inmate to be released from jail. The purpose of bail is to help ensure that you show upwards for future court appearances.

People may have to pay bail in either misdemeanor or felony cases. Your specific bail amount volition vary depending on the crime involved. In general, the more astringent the crime, the larger the full bail amount.

1. Will I get my bond money back with greenbacks bond?

It depends on whether or not you brand all of your courtroom appearances.

In order to exist released from custody on cash bail, you must pay bond in full to the court or the agency that arrested yous. Depending on the policies of the particular courtroom, you may pay your bail via:

cash,
traveler'south bank check,
coin social club,
personal check, or
banking concern cashier's check.

If you nourish all of your court appearances, you will generally receive a full refund post-obit the resolution of your case. If you lot fail to appear for a court engagement, you forfeit your money to the court.¹

2. What about coin used to secure a bail bail?

You lot mostly will non get this money back, fifty-fifty if you brand all of your court appearances.

Since most people exercise not take the ways to post cash bail, bail bonds are more than frequently used. Bail bonds are sometimes referred to every bit "surety bonds."

With a bail bond, a bail bondsmen (also called a bail bail agent) or bail bond company acts as a surety and posts your bond for you in exchange for a non-refundable bond premium. The premium is a percent of your full bail corporeality.²

So, if a country sets maximum bond premiums at ten%, and your total bond amount is $50,000, y'all will pay the bondservant $five,000. The bail company then pays the remaining $45,000 to the court on your behalf.

Again, your bond premium is non-refundable. This means there is no bail refund or render of your premium, even if you make all of your court appearances.

Note that many bondsmen may also require collateral with surety bail arrangements. "Collateral" is something of value that y'all offer the agent to assure you will non leave town or avert the courtroom. If you do, the agent has the right to keep or sell your collateral.

3. Is bail coin returned with a property bond?

In general, no. A property bail means y'all allow the court to place a lien on your property as a status of your release from jail.

If you neglect to announced in courtroom equally instructed, the court is authorized to institute foreclosure proceedings against you and seize your home.

If you make all of your court dates, the court lifts the lien and you continue your property.

Since you never make a monetary payment when posting bail with a property bail, there is technically no bond bond money to return.

4. What is an "O.R. release"?

The criminal laws of most states say that an O.R. release is a pretrial release from jail in a criminal example based on a person's written promise to announced for futurity courtroom appearances.^three

With an O.R. release, y'all are released from custody without the need of posting bail or securing a bond bond.⁴

Sometimes a judge may automatically grant O.R. release in pocket-sized misdemeanor cases (for example, in unproblematic DUI cases) where the defendant is non a flight adventure or risk to public rubber.

Merely if a judge does set a bail corporeality, y'all or your criminal defence lawyer can ask for O.R. release at your arraignment or during a bail hearing.

O.R. release is sometimes referred to equally "R.O.R." or "own recognizance release."

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Neil Shouse

A quondam Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law Schoolhouse (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Bear witness and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.