is bond money refunded when attorney shows up in place of defendant

by Mr. Donnie Quigley V 4 min read

Full Answer

Do you get your money back in bond?

Cash Bail. If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances. If the person does not show up in court, that money will be forfeited and you will not see it again.

Do you get your bond money back in Indiana?

Bond refunds are only automatically issued if the case is dismissed. The defendant will need to apply for the bond refund when the case is decided and if the case has not been dismissed. The court may or may not apply the bond refund toward court fees.

How much is a level 6 felony bond in Indiana?

$ 3,000.00LEVEL 6 FELONY $ 3,000.00 (C) This Bail/Bond Schedule is advisory. It shall be within the discretion of any court to set a bond which is higher or lower than that recommended by the schedule in any given case.

How long does it take to get your bond money back in Illinois?

10-14 daysBond refunds will be processed within 10-14 days of the court appearance. Checks will be mailed out to the last known address in the file. Updates to your address may be made with proper identification at the Winnebago County Circuit Clerk's office room 108.

Can you leave the state on bond in Indiana?

In all cases, no one out on bond is permitted to leave the country. Most often, traveling out of the city is not a problem, but if a person who is bonded out of jail on a bail bond leaves the state to go on vacation, they are probably going to be in immediate breach of their bail bond agreement.

Does Indiana Use bail bondsman?

The Indiana Department of Insurance oversees the bail bonds industry within the state. Bail bondsmen are designated as bail agents in this state. In Indiana, there are four types of pre-trial release: The first is a release on own recognizance, which does not require any bail.

How does a bail bond work?

Bail bonds work by allowing a defendant to post bail that he or she would not have otherwise been able to afford. The bail bondsman posts the full amount on the defendant's behalf. The defendant pays the bail bondsman a percentage of the bail amount – usually 10 percent. This payment is nonrefundable.

Can you bail yourself out of jail in Indiana?

Yes and no. If you are financially able to pay for the entire bail at the time of arrest, then you can bail yourself and be the only cosigner. The caveat, however, is that a bail is a cash bail, meaning that you must have the full amount on-hand to be released.

How does the court return money from a bond?

How the court returns the bond money depends on the rules of the court. These rules are usually posted on the court’s website. For cash bail, the court usually mails the funds as a check to the address provided by the party who posted the bond. If a party posted a property bond, the court will release its claim to the property.

When does a bond get back?

The party who posted bond gets his money back when a bond is discharged or exonerated. A bond is discharged in four situations: when the defendant is acquitted, or found not guilty; when the district attorney drops the case; when the defendant takes a plea offer; and when the defendant loses at trial. When a defendant takes a plea offer ...

What happens when a bail bondsman pays bail?

When a Bondsman Pays Bail. When a defendant has a cash bail, the party must post the entire amount of the bail. The alternative is to hire a bail bondsman who posts the entire amount of the cash bail for a premium. A defendant who has a history of not showing up in court will likely have a higher premium than a defendant who comes ...

What happens when you post bail money?

The party who posted bail bond money gets the money back when the defendant for whom the bail was posted appears in court. The defendant needs to make all court appearances associated with the case in order to keep the bail from being forfeited. When a party hires a bondsman, the bondsman charges a fee for the service of posting ...

What happens when a defendant owes the court?

When a Defendant Owes the Court. The clerk of court may withhold funds from a cash bond posted by a person other than a bail bondsman if the defendant has not paid certain funds to the court. State law determines what funds the court may withhold from the bond. In Florida, the clerk may withhold funds for unpaid costs of prosecution, ...

What happens if a judge issues a bench warrant?

If a judge issues a bench warrant because the defendant failed to show, the defendant will likely be arrested and returned to jail. A party is likely to have to post a second bond in order for the defendant to be released, and the defendant may receive a higher bail amount after the arrest. The defendant might also not be allowed ...

Do you have to post bail in California?

Some States Don’t Have Cash Bail. California and Washington, D.C. do not require a defendant to post cash bail in order to be released from jail. In California, each local court uses its own formula to determine who should be kept in custody and whom to release.

What happens if you skip bail?

If the accused skips bail and goes “on the run” you will be financially responsible for the full amount of the bail plus any fees and costs incurred by the bondsman to locate the accused, including bounty hunter fees.

Do you get your bail money back if you pay the bail amount?

The good news is that although you had to pay the full amount of the bail you will get likely get all your bail money back if the accused has made all the required court appearances. The bond will be discharged:

Is the bail bond premium refundable?

The downside is that the 8-12% you paid to the bail bond company is non-refundable. This money is known as the “premium” – and you won’t get it back, even if the defendant is found not guilty. Charging the premium is how bail bondsmen make their money.

Why do you need a bail bondsman?

After this, the bail bondsman takes over the responsibility and posts the full amount to the court in order to get the defendant released.

Can you lose your property if you use it as 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.

Surety Bail

Enlisting a bail agent to write a surety bond for the defendant will be cheaper because you will pay a bail premium, which is just a percentage of the total bail amount. This is what is commonly known as a bail bond. The bail bond premium is non-refundable.

Cash Bail

If you paid cash bail to the court, meaning you paid the full bail amount, you will have that money returned to you after the defendant makes all required court appearances. If the person does not show up in court, that money will be forfeited and you will not see it again.

Property Bond

If you secured a property bond, it means you offered the real value of your property to the court in exchange for the defendant’s release. Property bonds are similar to cash bail in that the court will legally seize the property if the person does not show up in court.