So, you just posted bail for a family member.
Now, you might be wondering…do you get the money back if the defendant is guilty?
We understand your concern. Bail amounts are often enormous and are a huge burden. Not to mention, they put your cash or property on hold for a long time.
This is why we have put together information about getting your bail back below.
If the big question on your mind is not, “Do You Get Bail Money Back If Guilty?” and you would rather watch our video on how bail works instead, you can check it out by clicking the link above and scrolling to the bottom of the next page.
Do You Get The Bail Money Back If Guilty?
If you are still here, then great! Let us go ahead and dive in.
The answer for whether you get your bail money back is yes. Even if you are guilty, after the trial, the bail bond is discharged through something called “Exoneration.”
Although this sounds fancy, this simply refers to the termination of the bail obligation.
Simply put:
The court will order the clerk’s office to exonerate the bail once all legal proceedings are finished. Once the bail is exonerated, the clerk’s office will return the bail to the person named on the affidavit.
Bail Options
Bail proceedings can be pretty complicated, but how you pay for them really boils down to two main options.
Option 1: Cash Bail
The first option is to pay the full bail amount in cash, also known as a cash bond. Payments for these bonds are made through US currency, money orders, or cashier’s checks.
Some detention centers accept credit cards, but some do not. It is best to contact the facility beforehand to find out if you can use them. Alternatively, you can have your bail bondsman contact the facility for you!
Note: Cash Bonds are usually a less desirable option since they put you at risk of losing your money. If the defendant skips out on court, for instance, the court will take the money you posted.
Also, there is always the risk that the court may choose to deduct penalties and fines from the bail money.
Option 2: Surety Bail Bond
Most people prefer to post bail using bail bonds.
Bail bonds are usually better because they cost way less than cash bonds. Bail premiums for bail bonds are only 10 to 15 percent of the total bail amount.
So, if the judge sets the bail amount at $1000, you only need to pay $150 plus the jail and documentation fees.
Another advantage of bail bonds is that you get professional help from experienced bail bond agents who can answer your questions and help walk you through the process.
These two advantages are why most people prefer to use bail bonds over cash bonds.
Work With A Trusted Bail Bond Company
If you need help with bail in Memphis or any area in Shelby County, contact us today at (901) 523-2245. We have years of experience helping people with bail and are available 24/7.
