Out And Charges Get Dropped, Do You Get Your Money Back?
So, you have suffered the inconvenience caused by being misunderstood by the law or the wrongful consequences of having done absolutely nothing wrong. The emotional and mental trauma aside, you have invested a good deal of money in acquiring the bail, so how do you get back some sense of relief from the ordeal? How do you get back your bail money?
If the defendant has made the court appearances as required by the court and has paid a cash bail for release, then upon being proven guilt-free, he or she should be returned the bail when the case is ordered to close. Often times, the case is closed, but the defendant is left in a lurch without his money and without any proper advice about how to get his money back. After the closing of the case, the judge (usually) issues an order for the return of the bail; it is also called ‘exonerating’ the bail. If the case has ended in conviction, then the government will retain 3 percent of the bail amount. The bail bondsman, if you had hired any, will also keep his or her part of the fee. It ranges from 10 to 30 per cent, depending on the amount of the bail, seriousness of offence and the defendant’s criminal record. The bondsman does not return any money for bonding out the defendant, whether he or she is declared innocent or guilty. If you paid directly to the court, you will receive a full refund, but when a bail bondsman is involved, the refund will be reduced.
To acquire the money, you must keep a tab on the defendant’s case. There are only two likely scenarios in which the bail money will be returned, either the person must be acquitted or all charges must be dropped. If found guilty, the bail money will be applied to court fees, which means that you might not get all of the money back.
Keep a tab on the different court dates and mark the exact date the case was closed or it ended. When you have kept track of these dates, you will know when you will get your money back.
The City Finance Department usually issues a refund of the bail amount, upon receiving proper documentation, within 2 weeks of receiving the court order. It takes about 4-6 weeks for the check to come to you via mail. If it doesn’t arrive, then it is appropriate to contact the court with your records, to enquire with them.
Ensure that the defendant shows up in court when asked to, in order to get full refund on the bail amount. If the person does not show up in court, then the money can and will be forfeited and you might not see it again. If you did not pay cash and kept a property bond as bail then you will be paid the cash amount of the properties worth if the case is resolved in a non-acquittal.
Be sure to find out what the specific nature of your case is, before you fight for a bail refund.
Reasons for Courts to Deny Bail
On the list of bits of knowledge that you hope you will never have to use in real life, along with how to escape from a car that is submerged under water and how to defend yourself against a bear, is an understanding of the bail system. However, it can be a good idea to at least have a working knowledge of what bail is and how it works, just in case you or someone you know ever ends up facing time in jail. Let’s say you commit some sort of crime and get arrested. Bail is the amount of money that the courts require from you as a security deposit if you want to be released until your court date. Show up for court and the money is returned to you. Fail to return on your appointed day and the court keeps the money. It’s important to remember, however, that there are times when a court will deny bail, making it impossible for you to get released before your court date. Here are some reasons why this might happen.
The Judge Suspects You Will Not Return
If the judge assigned to your case suspects that you will not return for your court appearance, he or she can deny your bail altogether. Why might they suspect such a thing? Here are some reasons.
.You’ve failed to show up to court in the past.
.You told an officer or a court representative that you didn’t plan on returning.
.You are being aggressive.
.Your crime has such a heavy penalty and you don’t want to face a long prison sentence.
.You are mentally impaired and don’t have the support system to ensure that you return to court at the appointed time.
For these reasons, it behooves you to make it clear that you plan on returning to court and to behave respectfully to all officers and court representatives you come in contact with.
The Nature of Your Crime
Usually, some kind of bail is posted and these can range from small sums of money up into the millions of dollars. The person facing jail time can either pay it themselves, have a friend or a family member pay it for them, or work with a bondsman to pay the expense. However, if you are being tried for a serious crime, like murder, the judge has the right to withhold bail. This action ensures that you will stand trial and face the potential consequences. Also, if the judge feels that, because of the nature of the crime you are being held for, you might be a danger to the general public if you were to be released, he or she can choose to deny bail. Similarly, if the judge feels that you might pose a threat to the victim of the crime you were arrested for, he or she can choose to have you remain in court custody until your trial date.
Consequences of Skipping Out on a Orlando Florida Bail Bond
When it comes to anything related to the law, prepare yourself for lots of technical terms and jargon. Words like “misdemeanor” and “bondsmen” and “bail forfeiture” start flying around and you’re expected to understand them. This is especially important if you’re the one in trouble. One term that you should make sure you understand bail. Bail can be critical and skipping out on your bail can have serious consequences.