Have you recently learned of a loved one’s arrest and need to post their bail? Should you put up the funds to get that person out of jail? And more importantly, will you get your money back if you do?
At D&D Bail Bonds, we understand posting bail for a loved one can be a confusing process, especially if you’ve never done it before. Add in the fact that bail typically involves a considerable amount of money, and it’s perfectly normal to feel slightly nervous about moving forward with the process.
In order to clarify the potential financial implications of posting bail, we’ll explain what typically happens to your bail money below.
Bail vs. Bail Bond
Before we explain what typically happens to your money when you post bail, it’s important to clearly define “bail” and “bail bond,” as they’re not the same thing. Here’s how they differ:
- Bail. Bail is the amount of money that must be paid to the court to secure your loved one’s release from jail. If the judge sets bail at $5,000, you’ll need to pay $5,000 to the court to get that person out of jail. You may also be able to supply property that’s valued at $5,000 or more to secure your loved one’s release.
- Bail bond. A bail bond is an agreement between a bail bond company and the court. The bond must be “purchased” for a fee, which typically amounts to about 10% of the defendant’s total bond. The bond is not real money. Rather, it signifies that the bond agent agrees to be held liable for the full amount of the defendant’s bail should the defendant fail to appear in court as instructed.
So does it matter which one you opt for? Absolutely. What happens to your money depends on which route you take. We’ll take a look at possible outcomes below.
Getting Money Back When You Post Bail
When you post bail on your own, your money may be returned to you when the case closes. Provided the defendant appears in court as instructed, the court will return any cash or property you supplied to post bail.
It’s important to note that even if the outcome of the case is positive, some of your bail money may be used to pay the defendant’s court fees. If you inform the defendant’s attorney that you’d rather the defendant furnish those fees, the attorney may be able to arrange that. However, there’s no guarantee those arrangements can be made.
If, on the other hand, the defendant fails to appear in court as instructed, you won’t get your money back. The court will keep the cash or property you supplied and will also issue a bench warrant for the defendant’s arrest.
Bail Bond Money: Do You Get It Back?
When you get a bail bond to get your loved one out of jail, the 10% fee you pay to secure that bond will not be returned to you, regardless of the outcome of the case. If you provide additional collateral to secure that bond — like a vehicle title or personal property — those things may be returned to you.
If the defendant appears in court as instructed, you’ll get your collateral back when the case concludes. But if the defendant skips out, the bail bond company will keep your collateral to help cover the cost of the defendant’s full bail amount.
Since the nature of the bond makes the bond agent liable for the defendant, the bond agent may also take measures to locate that person and return them to police custody.
Need a Bail Bond?
If you need to bail a loved one out of jail and don’t have the cash or property to post bail on your own, don’t hesitate to contact our team at D&D Bail Bonds. We serve the entire Mississippi Gulf Coast, and our licensed agents are ready to help you 24 hours a day, 7 days a week.