Bailing your friend or loved one out can be expensive. You won’t always have your money returned. This quick guide will give you a better idea of whether you can expect to have your bail bond money returned to you.
Surety Bail
Enlisting a bail agent to write a surety bond for the defendant will be cheaper because you will pay a bail premium, which is just a percentage of the total bail amount. This is what is commonly known as a bail bond. The bail bond premium is non-refundable. The premium is a fee for the bail agent’s services to manage the defendant and make sure he or she shows up to all required court appearances.
Cash Bail
If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances. If the person does not show up in court, that money will be forfeited and you will not see it again. And if the defendant gets arrested again while out on bail, no refund will be given.
If a defendant is found not guilty, the bond is discharged; if the defendant pleads guilty, the bond is discharged at the time of sentencing.
Property Bond
If you secured a property bond, it means you offered the real value of your property to the court in exchange for the defendant’s release. Property bonds are similar to cash bail in that the court will legally seize the property if the person does not show up in court.
When Can Courts Deny Bail?
Bail is a trade of property or money with a court for releasing a suspect from jail in exchange for the return of the suspect for trial. If the suspect does not appear for the scheduled court date, then the bail is forfeited. It is common in some cases for the bail money to be returned at the end of the trial, if the suspect makes all scheduled court appearances. The money is returned regardless of whether or not the suspect is found innocent or guilty.
Why Would a Court Deny Bail?
There are actually several reasons that would cause a court to deny a suspect bail. Some of the more common reasons for bail denial are: numerous penal code violations, prior escape from prison, or if the judge believes the suspect is a flight risk and will not appear in court. After being arrested a suspect will remain in jail, until a judge reviews the case and decides on whether or not bail will be allowed and ay what amount. Usually, the more severe the alleged crime is, the higher the bail amount will be. If the judge the suspect is a threat to society or a flight risk, then it is very likely that bail will be denied.
The Severity of the Crime
One of the first things a judge will look at, when determining bail, is the nature and extent of the crime. Oftentimes, crimes already have a preset range of bail amounts (known as the assumptive bail rate) for the judge to consider. If a suspect is accused of murder, then under normal circumstances bail is automatically denied.
A judge may also deny bail, if the judge believes the defendant is a flight risk. It is always a good idea for everyone accused of a crime to have an attorney. If bail is possible, a defendant is more likely to be granted bail with an attorney present, who understands the law and is familiar with historical bail precedence. Judges are not fortune tellers and cannot see into the future, so they do not know for certain that a particular suspect will not show up in court. If a Judge denies bail on grounds of flight risk, then it is because of a significant reason.
