Two Tips To Avoid Losing Money When Posting Bail For Someone
Posting bail for a defendant is generally a straightforward process. If you're not careful, though, you can easily lose money because of an overlooked policy or missed step. Here are two things you can do to ensure you don't waste time or money getting your loved one released from jail.
Make Sure Bail Will Be Refunded
There are two ways you can post bail for a defendant: directly to the court clerk or through a bail bond agency. When you pay the court clerk, you must post the full bail amount ordered by the judge whereas with a bail agency, you only pay a small fee to the bondsman and the company issues a type of insurance policy to the court that says it will pay the bail if the defendant fails to show up for their court appearances.
Some people choose to pay the court because they believe they'll get a full refund once the defendant's case ends, but this doesn't always bear out. Sometimes the court will keep a portion or the entire amount paid regardless of whether the defendant fulfilled their court obligations.
For instance, some states will refund money posted for criminal charges but not civil ones. If the defendant owes the state money (e.g. fines, fees), the court may seize the bail to pay those off.
It's important to learn as much about the defendant's case and circumstances to ensure the money you pay won't be subjected to seizure. To avoid this possibility altogether, it's best to pay a bondsman to handle the defendant's bail. It's better to pay a few hundred dollars to a bail bond agency for their services than risk losing thousands of dollars to the state that the defendant may or may not pay back.
Verify All Warrants are Accounted For
Usually, when a person is arrested, law enforcement will research whether the defendant has any outstanding warrants and make sure the court knows about them. However, sometimes things get overlooked, especially if the warrants were issued by another state or country.
The problem is that even if you pay the defendant's bail, the court can refuse to release the person if they have other warrants that haven't been resolved. This means you may either be stuck paying more bail money for other cases that may come up as a result of having to wait months to get a refund of the money you already paid.
Again, this is where a bail bond agency can be a cash savior. Not only will you spend less money overall if you must pay for multiple bonds, but it's also one of the rare instances when a bondsman may refund your money if they're unable to get the defendant out of jail because of multiple warrants. It depends on the company and the specific circumstances, so it's best to check with the agency before signing the contract.
For more information about bail bonds or assistance with getting someone out of jail, contact your local bondsman.