One of the worrying things about posting bail, especially when you are doing it on someone’s behalf with your own money, is whether or not you will be able to get the money back. The most common question in the bail process is whether you will get your money or if it is lost forever. This is ultimately determined by a number of factors, that is, whether or not the defendant honors the terms of his or her bail.
Premium Paid to Bail Bondsman
If you choose to use a bail bondsman, it is probably because you do not have the full amount to post bail. For this process, you are required to pay a percentage of the bail money, usually around 10% as stipulated in most states. After this, the bail bondsman takes over the responsibility and posts the full amount to the court in order to get the defendant released.
The amount that is paid to the bondsman is a premium. You are not going to get it back at the end of the trial even if the defendant honors the bail terms. This is because the amount is considered as payment to the bondsman for the help they give you.
Full Bail Amount
When it comes to paying the bail amount in cash, the fate of your money will depend on the defendant. Bail will require the accused to show up for every court date on time. Other bail terms might forbid the accused from travelling out of state or the country. If the accused violates any of these terms, they are supposed to be arrested by law enforcement and thrown in jail. In this case, you have lost your bail money. If, however, the defendant honors all the requirements as stipulated in the conditions of bail, you will get a full refund at the end of the trial. This does not change whether or not the defendant is found guilty.
Property and Surety
When you use your property or any other valuables as surety, they are also subject to the same conditions as cash payment. You will lose your valuables if the defendant flees and get them back if the defendant abides by all the conditions of bail. However, the process of losing or keeping the property or valuables is dependent on the type of bail bond you have.
If you placed your valuables as collateral with a bail bondsman, then you can raise the bail amount and pay it if the defendant does not honor the conditions of his or her release. In this case, the bail bondsman would restore your title deed or valuable jewels once you have paid the full amount. However, if you used a property bond with the court and a lien was in place, you may not be able to salvage your property. This is because the process to sell the property to recoup the bail amount might have already started. It would therefore not be possible to raise the cash and get your property back.