Does the Bail Bond Continue Forever or Can You Get It Back?

By posting a bond, you can get out of jail, though not exactly for free.

The money or assets that you --- or your family or friends --- leave with the court when you post bail are returned to you once the case is closed as long as you show up for your court date. If you hire a bail agent, you have to pay a nonrefundable fee to the agent to post bail; once the case is concluded, the agent gets his money back, but you don't get the fee back.

Terms

Bail is the amount of money or property, such as a house or car, that you as a defendant leave with the court. The bail is an economic incentive for you to return for your court date. A bail bond, on the other hand, is a document that you sign once you post bail. The document states what you left with the court, that it will be returned when the case is closed, and that if you fail to return you forfeit the amount.

Bond Cancellation

If you show up on your assigned date, cooperate with the court and don't try to escape before the case is closed, whatever you left with the court is returned to you. Once the case is closed or thrown out and you're officially released, the bond is canceled and the court returns your money or property. Depending on how busy the court is, cancellation and refunds can be immediate or take up to a month.

Bond Forfeitures

If you don't show up for your court date, an arrest warrant is issued immediately. From that point, you have a short amount of time to return to court, usually 30 to 60 days, depending on the jurisdiction, or the bond is forfeited. When a bond is forfeited, it means that you violated the terms of the bond, and the court owns the money or property that you left as bail.

Fees

If you use a bail agent, the fee that the agent charged you is nonrefundable --- the fee is usually between 10 and 15 percent of the total bail. Certain states, such as Oregon, Illinois and Kentucky, have either banned commercial bail agents or give you the option to leave 10 percent directly with the court. Each state has its own regulations, but most that give you the option to leave a percentage deduct certain fees and costs from the amount and return the rest to you once the case is closed.

References

• The New York Times: Illegal Globally, Bail for Profit Remains in the U.S.
• Inland Empire Bail Bonds: The Bail Bond Process
• About Bail: How Do Bail Bonds Work?