No. A bail bond is a form of insurance. The person posting the bond makes a payment to the bondsman, who then guarantees the full amount of the bail if the person bailed doesn't appear for court. The fee paid to the bondsman is like an insurance premium. It isn't returned, the same way that your auto insurance company doesn't give back your insurance premium if you go the term of the policy without having an accident.
If you post the full amount of the bail in cash, the court returns that money (sometimes less any fines or court costs) when the case is concluded and the accused is no longer under the court's jurisdiction.
Yes. If the bailee absconds - the bailbondsman loses the full amount of the bond - UNLESS aned UNTIL he captures the absconder and returns him to custody. That's why they employ bounty hunters.
Exoneration of a bail bond simply means that the defendant has been adjudicated and the bail liability has been released from the bail bond agent.When a bail bond is posted and a fee is charged by the bail agent that fee is non-refundable no matter if the charges are never filed, the defendant gets parole revoked and put back into custody, or the defendant is adjudicated.
Bail money is used to make sure someone shows up to court. If they show up their money is given back. If someone uses a bail bondsman they charge a percentage for covering the bond and they don't get any of the money back.
The statute of limitations applies only to uncharged criminal acts. If bail has been posted then charges have been filed and the statute of limitations cannot be invoked. If the defendant skips bail then the resulting failure to appear warrant will not expire and always remain in effect.
Not true, here in California I bail out people who get the charges dropped sometimes before their first court appearance. So this person now does not have to appear.or, the person is arrested, bailed out, and then no charges are filed. Quite common actually.AnswerNo. The accused will have to make an appearance regardless of whether the prosecutor's office requests the charges to be dismissed.Charges can only be dismissed by the prosecutor with the consent of the presiding judge.
The bail amount doesn't equate to charges. Bail is determined by the judge based on factors such as flight risk, net worth of the accused, danger to the public if released on bail, etc.
if you use a bail bondsman no, if you posted the Full bail amount you will get your money back after the defendant is completed with all the court dates and when he is finally sentenced. The bond will be exonerated. no exon, no return of money.
Yes the person can be sued for damages and compensation if a false or fabricated case is filed in the court. Criminal proceeding can also be initiated against him.
You can try to negotiate a partial return but it is HIGHLY unlikely. That is exactly how bailbondsmen make their income. They "rent" you the use of their money for a 10% fee. When you are done with "their" money they keep 'your' money as their risk fee.
An indictment is a charging document. If a person was already out on bail and then indicted, the indictment would be for new charges.
The constitution prevents excessive bail, however certain crimes are excluded from having bail. Certain murder charges and domestic violence as well as the courts determination of a defendants likelihood to flee will be sufficient to issue a NO BAIL. Numerous other charges carry a no bail as well. Just remember, the more heinous the crime the more chance it will carry a no bail set by the judge.
Yes. When you use the services of a bail bondsman you are, in effect, "renting" his services to pay your bond. Whether you are exonerated or not, it is a legitimate debt and you still need to pay the the bail bondsman for the use of his money.