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If you were arrested in the State of California and subsequently posted bail to secure your release, you will naturally want to ask a host of questions. Perhaps one of the most important on your agenda is: will my bail be returned?
Ultimately, the answer depends on your subsequent actions between posting bail and facing trial. Here’s everything you need to know.
Understanding the bail process
Bail is offered to most defendants who have been accused of a crime in the Golden State, although there are some exceptions. However, the courts set bail at a very high fee because its purpose is to prevent defendants from fleeing. Crucially, though, it is not designed to be a part of the punishment for your crime. As such, the outcome of what happens to the bail fee is not influenced by the verdict in court.
Instead, cash bond fees are held collateral and are used solely to ensure that the defendant meets the terms of their bail. Assuming that you keep to the agreements, the funds will be returned to the deposit (the person that paid the cash bond) following the conclusion of your trial or conclusion of the case. It is a process that usually takes a minimum of 30 days, and oftern can take many months.
Even so, the cash bail amount is often out of the defendant’s capabilities. In this case, using a bonds agent like Future Bail Bonds means that you pay a premium that is 10% (or sometimes less) of the total bail amount. In return, the agency will post a surety bond in the full amount. The premium can also be repaid via a payment plan. If you paid a bail bond company to post a bail bond, also referred to as a surety bond then your bail premium will not be returned. The bail premium is similar to an insurance premium and is paid to the bail bond company to cover their costs and risks involved in providing the bail bond services. If the bail bond company had to return premiums they would go out of business, just like car insurance companies if they had to return everyone's premiums at the end of the year. Another way to think of the bail premium is as a service fee. The benefits of using a bail bond company also include the speed of release from jail and financing options.
What if I don’t meet my bail conditions?
When posting bail, you will need to confirm that you accept the terms set by the courts. The most common issue is that you must attend several hearings (albeit not all sessions) before the trial as well as each day of the trial itself. Other expectations may include items like not leaving the State of California without prior permission. You will also be expected to arrange your travel to the court hearings.
If you fail to satisfy the conditions of your bail, the bail funds will be forfeited. This means that the courts will keep the funds. Further consequences include but are not limited to;
- A warrant will be sent out for your arrest,
- The charge of failure to appear will be added to your charges,
- You would be less likely to be offered bail in the future.
The harsh reality is that skipping bail conditions will bring disastrous outcomes, regardless of whether you posted cash bail or used a bond agency. However, there may be a reason why you missed a hearing or temporarily left California. When this happens, a bond agency can plead with the courts to have your bail reinstated, meaning that the forfeit will be struck from the record. In turn, this enables you to enjoy the benefits of bail without the drawbacks of breaking the terms.
If you need help posting bail or keeping the courts happy, our agents are available 24/7. Contact us now to regain control of the situation in style - financially and for your peace of mind.