Imagine being arrested, but not being able to bail out of jail within a few hours of being arrested. New Florida laws have made it even more challenging for people accused of crimes to bail out of jail. Many arrested individuals will have to stay in police custody until they’re seen by a judge, resulting in people who aren’t high-risk criminals being in jail for a short time.

You may ask yourself, “How do I get my bail money back after my case is resolved?” There are a few factors you’ll need to keep in mind when answering this question. Multiple elements can determine when you get your money back.

This blog will cover the bail refund process. We’ll also talk about the various types of bail and how to navigate the world of bail money.

Understanding Bonds and Bail Money

Bail refers to a sum of money the defendant pays to the courts to get released from jail before their trial occurs. The amount of bail that’s assigned to a defendant in Florida depends on varying factors, such as:

• If the defendant is considered a flight risk
• Their prior criminal history

Remember that there’s a standardized bail schedule that outlines guidelines for bail amounts based on the alleged crime. However, the above factors can shift how much bail is set. It’s within the judge’s discretion to adjust the bail amount as they see fit.

A defendant can contact a bail bond agent if they can’t afford their bail amount. There are three main types of bail:

• Cash bail
• Bail bonds
• Property bonds

Each has its pros and cons. Understanding the differences between the three types will help you pick the right option for you and determine how you’ll get your money back.

Cash Bail

Cash bail refers to when a defendant or another party makes a full payment on their behalf to get them released from jail. Paying the full bail amount guarantees that the defendant will attend all their court appearances.

Defendants will get their cash bail money back as a refund from the court after they’ve attended all court appearances. Some things that may get deducted from the refund include:

• Criminal penalties
• Court costs
• Unpaid court fees

The courts will issue a refund check to the assignee or depositer within 10 days after the cash bond has been discharged, a bond request has been received, and all the fees have been deducted.

Cash bail is one of the most reliable ways to get the full reimbursement of your money, so long as you attend all your court hearings. Failing to do so will result in the forfeiture of your money.

Bail Bonds

Bail bonds are another option instead of cash bail. Many people view this as the more economical option. Another term for this type of bail is surety bonds.

A bail bond company loans the defendant money for their bail. This allows the arrested individual to get released from jail at a lower cost.

The bail bond agent will post the full amount of bail in exchange for a premium. After the defendant makes all of their court appearances, the bail bond agent will get the bail money returned to them.

The one caveat is that the premium paid for the bail bond, or bail bond money, isn’t refundable. The defendant won’t receive that amount back, even if they attend all court hearings. The premium defendants typically have to pay is around 10% of their total bail amount, but federal or immigration cases can have higher premiums.

Defendants may have to pay additional fees and penalties if they don’t show up for their court appearances. Bail bond companies will also ask for collateral to hold to ensure the defendant shows up for their court dates.

Common types of collateral include:

• Bank accounts
• Cars
• Real estate

Bail bond agents are legally responsible for safeguarding all collateral they receive. They’ll return the collateral once the case is completed. This happens whether the defendant is found guilty or not guilty.

Property Bond

Property bond involves using someone’s property as collateral in the courtroom in exchange for the defendant being released from jail. Keep in mind that this option doesn’t involve a monetary payment. This may be a good option if bail bonds or cash bail aren’t possible.

The court will exonerate the property and return it to its rightful owner if the defendant attends all their court hearings. The court may decide to seize the property if they fail to come to any of their court appointments.

How Do I Get My Bail Money Back?

You don’t automatically get your bail or bond money back once your trial or court appearances are complete. There are certain steps you need to take and factors you need to meet to get the process moving. Knowing the right steps to take will ensure you don’t run into any complications in getting your money back.

Complying With Court Appearances

As we’ve mentioned, attending all of your court dates is key to getting your bail or bond back no matter what type you choose. Failing to go to court when requested could result in you forfeiting your bail amount.

Stay on top of your court dates to avoid encountering that scenario. That can include writing your court dates in a planner, on a calendar, or setting reminders on your phone. That may seem like overkill, but not attending any type of court session will have negative effects on your court case.

Understanding the Conditions of Your Release

You need to adhere to the conditions of your release to guarantee you get your bail money back. Some of these release conditions may include:

• Not using drugs or alcohol
• Participating in drug testing
• Obeying all laws
• Not possessing any weapons
• Staying away from certain people or places
• Following a curfew
• Seeking or maintaining employment
• Complying with various travel restrictions
• Regular check-ins with a probation officer

Failing to comply with your release conditions could cause you to forfeit your bail money. You could also encounter other legal consequences, such as incarceration, fines, or criminal charges.

Explore the Court Refund Procedures

The method to get your bail money refunded depends on the specific circumstances of your case and the jurisdiction. As we discussed, cash bail gets refunded via check once everything with your case is resolved. You won’t receive the money you paid to the bail bond company back.

Different Factors That Can Affect Your Bail Money

Knowing the different factors that affect your bail money return can enable you to make informed decisions. You can also avoid potential hurdles in getting your money back.

The Behavior of the Defendant

How the defendant behaves during their court proceedings can impact their bail money getting returned. Some of the factors that can negatively impact you include:

• Skipping bail
• Getting arrested while out on bail
• Violating release conditions

Decisions Made by the Court

Judges may order exoneration or forfeiture of bail money depending on the court case. They could also order it depending on the defendant’s adherence to court conditions and their behavior.

For example, if the defendant doesn’t show up to a court date, the court can order the forfeiture of the bail. However, if the charges are modified or dropped, or the defendant is found not guilty, the court may decide to return the bail money.

How to Choose a Bail Bonds Company

We’ve talked about how choosing the bail bonds option is the most economical out of the three. While many people may not have access to their full cash bail, they may be able to access a small percentage of it.

It’s important to find an experienced bail bond company in Florida to work with. You want to partner with a company that is reliable and not trying to take advantage of you.

Assess Their Credibility

You want to work with a bail bond company that has a good reputation in their industry. Some of the ways you can verify this include:

• Asking for references
• Checking online reviews
• Reviewing third-party ratings

It’s good practice to look at reviews from unbiased sources.

Evaluate Their Professionalism

Professionalism is a major distinguishing factor when picking a bail bond service in the Orlando area. The way a bail bond agent conducts themselves will tell you a lot about how reliable they are. Some red flags about them could include:

• Showing up late to appointments
• Not returning your calls

These things could indicate how they’ll treat you down the road. They may cause problems when it comes to returning your collateral.

A professional bail bond agent will possess some of the following qualities:

• Non-judgement
• Understanding
• Punctual
• Respectful

Professionalism will play a key role in all your interactions with your bail bond agent, from court appearances to dealing with any issues that might arise.

Check Their Licensing

You need to verify a bail bond agent’s licensing before you sign any contracts with them. Bail bond companies need to be licensed by the Florida Department of Financial Services to work in the industry. Having a license ensures that they operate within the legal guidelines set by the jurisdiction.

One of the first things you should ask when you call a bail bond company is if they’re a licensed bail bond agent. If they say no, you should move to the next business on your list.

Pick a Company With 24/7 Availability

People don’t get arrested and accused of crimes during normal business hours. Bail bond companies should be available 24/7 to accommodate your needs. The quicker you can have bail posted, the faster the defendant can get out of jail.

You should pick a bail bonds company that’s located within your area. They should be close enough to post bail as soon as possible, even though Florida law may delay the process. You don’t want the defendant to have to wait to get out of jail because you can’t get ahold of a bail bond company.

Find Out About Their Fee Structure

The standard premium for Florida bail is 10% of the total amount. Be mindful of any fee structure that charges more or less than that amount. Less isn’t always good when it comes to bail bond premiums.

A reliable bail bond company will be transparent about their fees. They’ll also let you know when payments are due and won’t hit you with any hidden charges. It’s illegal for bail bond companies to add hidden fees or discount the bail amount.

Ask About Financing

Some bail bond companies may offer financing plans to make getting bailed out even easier. This can give defendants and their families some breathing room after an unexpected event. A few elements that may be taken into account to see if you qualify for financing include:

• The severity of the offense
• Employment status
• Florida state residency
• Credit score

Frequently Asked Questions

There are many things to remember when it comes to posting bail in Florida. Let’s talk about some of our frequently asked questions on the process.

Will I Get My Bail Money Back if I’m Found Guilty?

Yes, defendants will receive their bail money back even if they’re found guilty. This is true even if they’re found not guilty, if the case is dismissed, or if the charges are dropped. This only applies if you post cash bail – you won’t receive your premium back if you work with a bail bond company.

How Can I Pay Cash Bail?

You can pay cash bail in various forms depending on your court’s policies. Common ways to pay bail include:

• Traveler’s check
• Cash
• Money order
• Bank cashier’s check
• Personal check

Partner With an Experienced Bail Bond Company in Florida

We hope we’ve answered the question “How do I get my bail money back?” As you can see, the bail money return steps can be complicated. There are a wide range of factors and bail bond policies that can affect how fast and whether or not you get money back at all.

The expert team at Bail 2 Go is here to provide you with posting bail tips. We offer bail bond services in the Kissimmee, Sanford, and Orlando areas. Reach out to our office 24 hours a day, 7 days a week, to find out more information.