There is no doubt that bailing somebody out of jail is bad news. Sometimes, the worst part is the consuming worry about the paid money. Will the defendant be able to get his money back? What if he could not get it back? These thoughts and questions occupy his mind and add salt to the wound.
At any rate, the defendant needs to remember when he posted the bail at the start. The reason being when he posted the bond he had to choose between two options, with no third. A) He made the payment straight to the court. B) He hired a bailsman or agency to make the payment.
Customarily, how and when he gets his payback check will depend on which option he went along with, more details below.
Ascertain the Situation of the Case
As a general rule, the refund of the payment is insurmountable until the defendant is set free or proven innocent. In the unfortunate case that the litigant is guilty as charged, the bail money ends up in the court’s treasury as fees. Sadly, when that occur, getting the money back is out of the question.
Reassessing the Position
When the defendant ascertains the situation of his case, he needs to determine if he went with option (A) or option (B), as clarified above. With option A, there will be no obstacles to receiving all his money back, as discussed below. With option B, the defendant pays near 20% of the total sum of the bail money to the bondsman. Usually, this percent is the bailsman’s fees. So, the defendant does not get any of his money back.
Find Out When the Case Ended
The time when the defendant gets his money back is largely dependent on the date when the court closed the case. By the way, if the respondent moved out or in any way changed his contact information, he is obliged to notify the changes to the court forthwith. It goes without saying that the courthouse will need a current address to send the refund check to, the defendant must do everything to make it easier for the court to do its job. Given that the defendant wants his money back, he must keep the court updated with any changes in his contact information.
Dealing with Delayed Refunding
Certainly, the court will send the refund check after the case is closed. The defendant must wait 2-6 weeks until the court sends the check in the mail. Even more, after six weeks has passed without hearing from the court, then the defendant should contact the court. When the defendant makes the call, he should be respectful while asking for the reason for delaying the release of the bail money that he paid. Moreover, it is likely that the court will ask the defendant about more information. The defendant might have to provide this information. So, the court will search its records to determine the cause of the delay. The information usually includes contact information, the case number, and the date when the case ended.
Using a bail agency will cost less money because the defendant pays a small percentage of the bail. In that case, the money is non-refundable as they are fees to the bondsman. The bail agency makes sure that the accused shows up in all court appearances.
On the other hand, when the defendant pays the bail in cash he can get it all back. He just has to appear in court when ordered and follow all other court ordered rules on his bail, if he fails to do so the court will take over the money. Moreover, if the bailed-out defendant gets arrested again, he cannot get a refund. Conversely, the defendant gets a refund if he confesses or if he is innocent. Nevertheless, if the suspect is found guilty after the investigations, he cannot ask for a refund.