Does The Court Keep Bail Money If The Defendant Is Found Guilty?


The courts don't always clearly explain how the bail system works, so it's no surprise people get confused about the process. A common question folks have is whether getting a refund of the bail money they paid depends on defendants being found guilty or innocent. It does not, but there is a chance you still may not get your money back when the case ends. Here's what you need to know.

Bail Is a Guarantee

The purpose of bail is to motivate defendants to show up to their court appointments and adhere to the terms of their release. If they fail to appear without a valid excuse or break the rules (e.g., get rearrested), the court will forfeit bail and keep the money. The idea is that the defendant won't want to lose the thousands of dollars they had to put up to get out of jail, so they would be more likely to do what is required of them.

Thus, whether bail is returned to the payer hinges on the defendant following through with the case rather than the person's guilt or innocence. So, regardless of whether the defendant is convicted or set free, bail money will be refunded once the case concludes.

The Court May Still Take the Money

However, depending on the jurisdiction, sometimes the court will confiscate some of or all the bail money and apply it to any outstanding fees, fines, or debts the defendant owes. At minimum, some courts charge processing fees that are deducted from the refund and the balance returned to the payer. As unfair as this may sound, there is a very real possibility you won't get back all the money you paid to get yourself or your loved one out of jail.

If you don't want to risk this happening to you, the best thing you can do to avoid it is to use a bail bond service instead of paying cash to the court. Although a bondsman charges a non-refundable service fee to get someone out of jail, that's the only money you'll have to pay. It's better to take a loss of a couple hundred dollars than to have thousands seized by the court because of circumstances beyond your control.

To learn more about how bail bonds can help you save money or to get someone out of jail fast, contact a local arrest bail bond company for assistance.


9 September 2020

finding the right lender for your projects

My yard flooded last year during a heavy summer storm. The only reason it flooded was because the banks along the stream were washed away. I knew that I had to do something to prevent this from happening again, but didn't have the money to do it. I started looking for financing for the project, but wanted to be sure that the financing option that I selected was not going to cost me too much more that it needed to. I found out a lot about lending practices and how to go about financing project such as this. Go through my site to find out what helped me choose the lender for my project.