If you or a loved one has been arrested and bail has been set, you may be wondering if you’ll get your bail money back. The answer to this question is not a simple yes or no.
Most of the time, if everything is handled above-board, you stand a good chance of getting your money back. But there are a number of factors that can influence that along the way. Here are the 7 to consider.
1. Nature and Outcome of the Charge
If the charges against you are dropped or you’re found not guilty, you will get your bail money back. However, if you’re convicted of the crime, you will not get your bail money back. This is one example where it pays to have a good defense team in your corner.
2. Bail Amount
The bail amount set by the court can also impact whether or not you get your bail money back. A portion of the bail will be kept to handle administrative fees, but there is not a hard and fast rule for how much that will be. It entirely depends on the complexity of your case and the nature and outcome (see No. 1).
3. Bail Type
There are two types of bail: cash bail and surety bond. Cash bail means that you must pay the entire bail amount in cash upfront. Surety bond means that you pay a non-refundable fee to a bail bondsman who then puts up the full bail amount on your behalf.
If you post cash bail, you will get your money back if you appear for all of your court dates. If you post a surety bond, you will not get any money back because the fee paid to the bail bondsman is non-refundable. However, the plus is that you’re only paying a very small amount instead of what the court determines.
4. Court Fees
As mentioned above, there may be court fees associated with your case that must be paid before you can get your bail money back. These fees can vary depending on the state and municipality where the arrest took place as well as the severity of the charge.
5. Missed Court Dates
If you miss a court date, you will forfeit your right to have your bail money refunded and may even be subject to additional charges. The likelihood of being granted bail on future charges will go down as well, as the court will see you as someone likely to no-show.
As such, it’s important that if you post bail, you make every effort to ensure that you will be able to attend all required court dates.
6. Flight Risk
If the court believes that there is a risk that you will flee rather than appear for your court date, they may refuse to refund your bail money even if you do appear for all required court dates. And again, that’s if you’re lucky enough to be granted the bail option in the first place.
7. Special Stipulations on Your Case
Courts may require that you do more than merely show up to receive bail refunds. For example, a domestic violence charge might come with the requirement that you have no contact with the alleged victim. You may even not be allowed within a certain distance.
Any violation of this matter could result in bail forfeiture regardless of whether you show up for your court date. And again, it could lead to additional charges. So, take any special stipulations that the court places on your case seriously.
Bail Money Is Really Yours to Lose
As you can see, there are a number of factors that can influence whether or not an arrestee gets their bailout refunded by the courts. In general, those who are charged with minor offenses and have little flight risk tend to have their bail refunded provided they make all their required court appearances. However, those with more serious charges or who are considered a flight risk often forfeit their right to have their bail refunded.
Ultimately, if you are charged, arrested, and granted bail, the money is yours to lose. At PCS Bail Bonds, we work hard to ensure that our clients understand the consequences before taking such missteps. Our 30+ years of knowledge and experience in Tarrant County will help you make the right decisions moving forward. Contact us today if we can help you or a loved one through the bail process.