If you are arrested and accused of an offense in Perris, a judge decides whether or not to free you on bail. However, a prevalent question people have when they post bail is whether they will be refunded their money after their case ends. The short response to this concern is that it depends primarily on the type of bail you posted and whether you kept your promise by appearing for all your court dates.

What Bail Means and Its Purpose

Under the criminal justice system, bail refers to a financial agreement between the court and a defendant to secure jail release before trial. To secure a bail release, you must promise that you will attend all court proceedings. The bail amount you would post kind of cements this promise.

The main purpose of bail is to ensure you appear for the scheduled future court dates. Essentially, it acts as a form of insurance policy for the court. If you fail to show up on the scheduled court dates, the court will hold on to the money. Conversely, if you meet all their court requirements, you qualify for a refund of the bail amount, subject to various conditions.

Here is how the bail process works: After you are arrested, you will be processed and subject to an arraignment or bail hearing, during which the judge sets bail, and the amount is determined based on a bail schedule. It is also at this point that the judge decides the conditions of release on bail, such as:

  • Surrendering any weapons to the authorities
  • Undergoing alcohol and drug testing and going to AA meetings
  • Home detention
  • Electronic monitoring
  • Driving or travel restrictions

You could be released on your own recognizance without posting bail if the judge determines that:

  • You are not a flight risk
  • You do not pose any danger to society
  • You are likely to adhere to all court-imposed conditions
  • You committed a minor crime

The judge may need you to post bail in a felony or misdemeanor case. The precise bail amount varies based on the specific crime. Generally, more severe offenses lead to a higher bail value.

You must post the total bail value to the arresting agency or court to be set free from jail. Whereas court policies vary, you could post your bail using cash, a cashier's check, a money order, a traveler’s check, a personal check, et cetera. 

There are several ways to post bail in Perris. These include Perris bail bonds, property bonds, and cash bail.

  • Cash bail—Here, you or someone acting on your behalf posts the entire bail amount in cash directly to the jail or court. Cash bail is the easiest way to post bail, but it can be expensive.
  • Bail bond—a bail bond or surety bond entails a Perris bail bonds service or bail bondsman who promises to post the entire bail value should you fail to attend court. You or someone on your behalf pays a nonrefundable premium (often 10 percent of the total bail value) to the bondsman for their services of posting bail.
  • Property bond—in this case, the accused person or someone on their behalf provides real property, such as a house, as collateral for the bail amount.

How You Can Receive Your Money Back

As mentioned earlier, being refunded your bail amount in Perris is based on different factors, including how you posted bail and your compliance with court-imposed conditions.

 Cash Bail

You would be fully refunded your money once your criminal case ends if you posted cash bail, made all your scheduled court appearances, and adhered to all other court-imposed orders. But the refunded money may not equal the amount you originally deposited. Any unpaid criminal penalties, court costs, or administrative fees will be subtracted from your bail before the court issues the refund. Despite all these deductions, the balance is often refunded to the person who paid within two or three months.

Consider this example: Derrick is placed under arrest for burglary. The judge sets his bail at ten thousand U.S. dollars, and Derrick decides to post the bail in cash. Over a couple of months, Derrick diligently attends court on all scheduled dates, complies with the court's orders, and stays away from more crimes. Irrespective of whether Derrick is found innocent or guilty, the judge will refund his bail amount when the trial ends.

You also qualify for a refund if the court drops your charges. However, it is essential to remain conscious of the possible court and administrative fees and deductions that may impact the total amount you receive.

Property Bond

If you have met all the court conditions for a property body, the court will release the lien on the property, and you will resume ownership of the property. However, you might be required to pay court and administrative charges.

Perris Bail Bonds

Surety bonds are different from cash bail and property bonds. We mentioned that before securing a bail bond, you must pay the Perris bail bonds service or bail bondsman you hired a premium of ten percent of the total bail amount. This premium is nonrefundable whether or not you made all court appearances and complied with all other court-imposed orders. It is also nonrefundable, irrespective of the trial outcome (whether you are found not guilty or guilty at trial).

The premium is nonrefundable because it is the charge for the bail bondsman’s service of depositing the whole bail value to the jail or court. Therefore, if you hired a Perris bail bonds company to secure your bail release, do not anticipate being refunded this money.

With a surety bond, a bondsman is a surety and pays bail on your behalf in return for a nonrefundable bond premium, generally 10 percent of your entire bail value. The bond agreement is formalized once you or someone on your behalf pays the premium.

Once your case ends and you have fulfilled all court-imposed requirements, including appearing at all the scheduled court dates, the total bail money will be refunded to the bondsman or bail company that helped you post bail, not to the individual who paid the premium.

Most bondsmen will need you to provide collateral to secure your bail. Collateral could be something valuable you give to the bonds company to guarantee you will not jump bail or miss court. The bail bondsman can sell or keep your collateral if you skip bail.

Consider this example: Bridgit is placed under arrest for drunk driving and the judge sets her bail at five thousand U.S. dollars. Since she cannot afford this sum readily, she hires a Perris bail bonds service to help her make bail, paying the bail bondsman a nonrefundable premium of five hundred dollars.

Bridgit missed two of her court dates without giving legitimate evidence or reason to the judge beforehand. Consequently, the judge ordered her bail amount forfeited. The bondsman will now lose the five thousand U.S. dollars they deposited on Bridgit’s behalf to the court. To recover this amount, the bondsman could seek reimbursement from Bridgit or her cosigner or sell any collateral Bridgit provided.

Despite the nonrefundable premium, most people still opt to post bail using a bondsman. That is because bail is usually set so high that many lack the funds to pay cash bail. Regarding property bonds, posting the bond is often a lengthy and time-consuming process. Additionally, courts usually require that the property value be twice the bail amount. On the other hand, surety bonds are more convenient, affordable, and accessible since a person only has to pay 10% of their bail amount.

When You May Forfeit Your Bail Amount

Bail forfeiture happens when the court holds onto the bail amount. Usually, a judge grants a bail release on the condition that you show up on all the scheduled court dates for your case and comply with other judge-imposed requirements. You will be subject to a bail forfeiture if you do not obey this condition. Bail forfeiture will result in you or any other party that assisted you in posting bail losing all of the money they used as bail. The following reasons may trigger a bail forfeiture:

Jumping Bail

Making court appearances and showing up at the trial are the most crucial conditions for being released on bail. Regrettably, some accused persons take their being out on bail as a chance to trick the criminal justice system by going into hiding or fleeing the country. When you pay cash bail, you want to ensure you make all the required court appearances. Failure to do so will subject you to bail forfeiture. Similarly, when you post bail for someone, part of your responsibility is ensuring they appear in court as required so you do not risk your bail amount.

If you used a property to post bail, the court would place a lien on that property. If you do not show up in court on the scheduled dates, the court will enforce the lien, foreclosing the property and leading to forfeiture.

Lastly, if you hired a Perris bail bonds service to help you post bail, the bondsman would lose the entire bond amount if you jumped bail. The bondsman can then use the collateral your cosigner or you gave to recover the bond amount by selling it.

Apart from being subject to bail forfeiture, the judge will issue a bench warrant against you if you jump bail. If you are rearrested, you will be returned to jail and may be denied another opportunity to post bail.

Skipping bail is also a crime under California law. This act can subject you to felony charges under Penal Code Section 1320.5. If convicted, you will face a maximum of three years in prison and a fine not exceeding ten thousand U.S. dollars.

However, a judge can excuse you for skipping bail if you provide a legitimate reason. Some of the valid reasons you can give for jumping bail include:

  • A medical emergency that required hospitalization
  • Death in the family
  • Car breakdown or accident while headed to court
  • An illness
  • Absence from the state because of employment or military service.

You must accompany your reason with irrefutable evidence and inform the court in advance to prevent bail forfeiture. The court will then reschedule your hearing at a later date.

No-Contact Court Order Violation

In many domestic violence or violent crime cases, the judge will grant a bail release on the condition that you do not come near or communicate with the victim. The judge imposes this requirement to maintain the alleged victim’s integrity and respect your constitutional right to bail. Should you violate this constitution, you risk facing bail forfeiture.

Failed Drug Tests and Rearrests

While you are free on bail, one of the conditions the judge is likely to impose is avoiding committing any other criminal offense. Also, the judge may direct you to undergo unscheduled alcohol and drug tests. Thus, being rearrested for a felony or misdemeanor during this period violates these bail conditions and may lead to forfeiture.

The Effect of Legal Outcomes on Cash Bail and Perris Bail Bonds

Legal outcomes may influence bail amount refunds. If you are found not guilty, the court will usually return your cash bail minus the court or administrative fees and costs. If the charges against you are dropped or the case is dismissed, the court returns your bail money, but part of it may be used to pay fines, restitution, or court fees. In these cases, receiving your money back can be a relief for you and your family.

After you enter a guilty plea or the judge finds you guilty after the trial, the bail refund process would generally remain unchanged as long as you made all court appearances and complied with all other conditions. However, court fees might be deducted. Irrespective of the verdict, not guilty or guilty, fines or restitution might be subtracted from the bail amount before it is refunded.

In the case of a bail bond, the fee you pay to a bondsman remains nonrefundable in the event of a conviction or guilty plea.

Find a Reliable Perris Bail Bonds Service Near Me

If arrested in Perris, you do not have to face all the trouble of securing a bail release. At Fausto Bail Bonds, we offer fast and affordable Perris bail bonds to help defendants secure their release so they can resume their daily routines. We are available 24/7, so you can reach us anytime, whether you are arrested at night, on the weekends, or on a holiday. Plus, we trust that you will make all the court appearances and comply with all other court requirements so we can receive our money back!

Call us at 855-328-7867 for a consultation if you need your freedom back as soon as possible.