What Happens to Bail Money?

Bail is an essential component of the legal system. By posting bail, defendants awaiting trial can resume their everyday lives and promise to attend specific hearings. Some types of bail include cash bail and bond. But where does the bail money go after the conclusion of the case? Discover the answers to this and other questions below. 

What Is Bail?

Bail refers to the money that a defendant gives the court so that they can go free while awaiting trial. In other words, bail is simply insurance for the court in case you fail to appear for the hearing. Bail can also be an incentive for you not to skip any trial in the future. Bail is important because court cases can take months or even years to conclude.

What Is the Bail Process?

The court will use a series of steps to know the exact amount of money that defendants have to post. Factors determining bail amount include the type of crime and the history of the defendant. The process starts when a police officer arrests you and books you in a police station. The booking report indicates the details of your arrest and alleged crime.

If the crime is minor, you can post bail immediately. If you don't have the money or the crime is serious, you may have to wait for a bail hearing. The judge will examine the details of your case and decide whether to set bail. You can bail yourself out, get help from a loved one, or use a bail bond agent. 

What Happens to the Bail Money If the Defendant Is Found Guilty?

The court will keep the bail money until the conclusion of the case. If the defendant honors all court summons, the court will return the bail money to whoever posted it. In a few cases, the court can deduct fines from the bail money.

If a bail bond company posted bail for you, you might have to pay a premium to the company. The bail bond company will not refund the premium regardless of whether you win or lose the case. But if you post the full bail amount on your own, the court will refund the money after the completion of the case. 

What Happens to the Bail Money If the Defendant Is Acquitted or Charges Are Dropped?

Once the court dismisses the case, you can get back all your money provided that no outstanding fines and fees exist. But you may not get the money immediately in some jurisdictions. In fact, the bail money may be part of your release agreement and can go to the court or the plaintiff.

The court will provide a receipt with your information when you are posting bail. Once the case concludes, you will present the receipt to the court to process the refund. If you posted bail in the form of a check, the court would mail the check back to you. Sometimes, the court can ask you to pick it up.

Some courts accept cash bail, even in the form of credit card payments. Once the case concludes and you honor all summons, the court will return the total amount that you paid in cash. 

Another option is the property bond, in which the defendant uses their property as bail payment. In this case, the court will have a legal claim over your property as long as the property's value is equal to or greater than the bail amount. Once the case concludes, the court's claim of ownership over your property ends. But if you don't honor the court summons, you forfeit ownership of your property.

Where Does the Money Go?

You will forfeit the bail amount if you don't attend all court hearings. The courts will then disperse that money to the state or county depending on the state law. The money can also remain in the judicial system to assist the court in financing its operations.

If you have been arrested, you may not have access to bail. Fortunately, Matt McKeehan Bail Bonds offers fast and friendly bonds to defendants. Contact us for more information.