What happens to bail money paid to a bondsman if charges aren't filed against me?

Robert McElhaney A. When you are arrested for a crime, the court sets bail in a specified amount. You can put that amount up with the court yourself, using money or real property.

Or, you can use a bondsman. A bondsman will charge a percentage, usually between 10 and 20% of the bond amount, as a premium. This is his fee for making the bond.

If the bond is a large amount, the bondsman also may require collateral, such as a the title to a car or home. When the case is over, the Court orders the bond discharged. If the District Attorney decides not to file charges against you, he or she will advise the court of this on your first or second court appearance, and the bond will be discharged at that time.

If you paid the bond directly to the Court, you will get all of your money and/or property back. If you used a bondsman, the bondsman will keep his fee -- the 10 to 20% you gave him as the premium. Any collateral you gave him will be returned.

Even if charges ultimately are not filed, ... more.

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