If you haven’t had to deal with a court or any kind of court proceedings in the past, one of the things you might be unclear on is bail and how it works. Though it is common knowledge for the most part that making bail is the process of being allowed to remain out of prison by the courts in exchange for surety in the form of something of value. This arrangement remains until the individual in question is proven either innocent or guilty.
What many assume is that in any case, whatever was put down for as surety/bail will be returned upon closing of the case regardless. This is not how it works.
Getting Your Money Back After Posting Bail
Indiana bail laws state numerous circumstances under which the bail amount paid might not be returned or might not be returned in full. We’re going to go over some of these circumstances with you and explain how they work.
Release on Conclusion
If a case concludes and is not in your favor, much of your bail money will go towards court fees. If however you are acquitted and the case is closed, the collateral or bail amount you put down will be returned to you within the time of a few weeks. There may be minor deductions for any court fees or for the premium fee if you hired the services of a bail bond agent.
When bail is set, certain conditions are provided to the defendant. These include the obvious requirement of presence at every hearing unless illness or demise can be proven. Depending on the crime and possible past records, other conditions may include travel restrictions, restrictions on engaging with certain people and of course, re-arrest.
If the defendant fails to meet and adhere to the conditions proposed by the court, the bail amount may be lost entirely or forfeit. Over and above this, the defendant may be re-arrested.
In many instances, bail amounts that are set depending on what crime the defendant is being accused for can be quite exorbitant. A bail bondsman helps you make bail by putting down surety on your behalf. In the state of Indiana, the standard bail bondsman fee is 10% which will be the amount deducted from the bail amount you get back.
If things run smooth, save for that, the rest of your funds will be returned to you.
Whether or not your bail money is returned depends on how you play your cards after posting bail. Keep up with your hearing dates, show up to court, don’t get caught in further trouble and you should be okay!