If you’ve been arrested, odds are good that bail has been set, either according to a bail schedule or by a magistrate. You may have a couple of options at this time. If you’re fortunate enough to pay your full bail amount in cash, you may be able to pay the jail directly and secure your pretrial release.
If bail has been set higher than you can afford, consider working with a licensed bonding agent who will be able to post your bail in exchange for a nonrefundable bonding fee.
As you’re choosing between direct bail and a bail bonding company, there are some important considerations to keep in mind. This month, we’ll look at some of those considerations as we answer important questions about the bail process, including “Do you get bail money back if charges are dropped?”
Do You Get Bail Money Back if Charges Are Dropped?
The answer to this question depends on how you managed your bail payment:
- If you paid the jail directly, then you should receive a full refund of your bail amount if the charges against you are dropped, after the proper documentation is provided.
- If you used a bonding agent to post bail, you will not receive a refund on the bonding fee you paid at the time of your release, even if the charges are dropped.
That being said, you should also consider the fact that a “full refund of the bail amount” may not include a refund of any additional fees that were imposed by the court or the jail at the time of your arrest. In some jurisdictions, these fees can total up to hundreds or even thousands of dollars.
How Else Can You Get Bail Money Back?
Again, the way you made your bail payment will affect this answer. If you used a bail bonds company, your bonding fee is nonrefundable. It won’t be returned to you under nearly all circumstances – that fee is the payment you make to the bonding company for the work they do in securing your release.
If you pay the courts directly and attend all of the required proceedings, you will get your bail money back:
- At the conclusion of your trial, whether or not you are found guilty
- If you successfully enter into a plea agreement and are adjudicated guilty as part of the agreement
- If the case is dismissed
Why Should You Use a Bail Bonding Company?
The most common reason people choose to utilize a bonding agent to secure their release from jail is simply a matter of cost – they don’t have access to enough cash to cover their bail. In these cases, a bail bonding company may be the only avenue to obtaining a pretrial release.
In some cases, even someone with access to more than enough cash to cover their bail will use a bonding agent to secure a release. This is usually done to ensure that the release goes smoothly and easily and provides an additional layer of support to ensure that the defendant doesn’t violate bail terms.
Do I Need Collateral to Post Bail With a Bonding Agent?
If the defendant is deemed to be a high flight risk or the bonding agent is otherwise concerned that the defendant may fail to appear for their court dates, they are within their rights to request collateral. The collateral for a bond can be a lien on property or homes.
The collateral will need to be in the bonding agent’s hands before they will write the defendant’s bond. The bonding company will retain the property until:
- The defendant flees or otherwise forfeits their bond, in which case the collateral will be sold to recover the bonding company’s costs.
- The conclusion of the defendant’s trial. Regardless of the outcome, if the defendant made all of their court appearances, the collateral will be returned to them or their family.
Can Your Family Help You Post Bail?
If you have friends or a family member willing to post your bail amount, that’s perfectly acceptable, so long as the payer is fully aware that they will forfeit their money if you fail to appear for a court date.
If you choose to use a bonding agent, you will need a friend or family member to co-sign your bond. This co-signer is responsible for ensuring that you appear in court as directed, keeping both the court and your bonding agent apprised of any change in address or phone number, and ensuring that the bail bonds company receives any planned payments at the right time.
If a bond is forfeited when no collateral is secured, the co-signer is responsible for paying the full bail amount to the bonding agent.
What Happens if You Get Arrested Again While Out on Bail?
If you are arrested while out on bail, the previous bond may be surrendered. Depending on the nature of the crimes involved with both arrests, you may also be denied bail for the second offense.
You may also be granted bail for the second offense. If that’s the case, your options are basically the same as for your first arrest – either pay the bail yourself or work with your bail bonding company to arrange for a second bond.
Arrested in Macon-Bibb County? Don’t Wait in Jail; Call All State Bonding: 478-745-1966
All State Bonding is located in downtown Macon, directly across the street from the Bibb County Jail. We’re available 24/7, and all our bonding decisions are made on-site, so you never have to wait for an answer.