Bail Of Money, also known as cash bail, is a monetary deposit required by the court to secure the temporary release of a defendant charged with a criminal offense. This payment serves as a guarantee that the defendant will appear for all future court proceedings. The purpose of bail is to ensure the defendant’s presence in court while allowing them to remain free until their case is resolved.
How Bail of Money Works
The amount of bail required varies depending on several factors, including the severity of the crime, the defendant’s criminal history, and flight risk. Once bail is set by the judge, the defendant, or someone on their behalf, can deposit the full amount in cash with the court. This deposit is held as collateral until the case concludes.
Getting Your Bail Money Back
Upon the case’s conclusion, the deposited bail money can be returned. To initiate this process, the depositor must submit a written “Application for Return of Cash Bail” to the court. This form requests the court to release the funds back to the original depositor. The court will then determine if the full amount, a portion, or none of the bail should be returned.
Reasons for Partial or No Return of Bail
Several circumstances may lead to a partial or complete forfeiture of the bail money. If the defendant fails to comply with the conditions of their release, such as missing court appearances or violating any imposed restrictions, the court may forfeit the bail. Additionally, the prosecution may request that a portion or all of the bail be applied towards any fines, restitution, or assessments levied against the defendant.
Importance of the Bail Receipt
The original receipt issued upon depositing the bail money is crucial. It serves as proof of ownership and must be submitted along with the “Application for Return of Cash Bail.” Without this receipt, retrieving the deposited funds can become significantly more challenging. Keep your receipt in a safe place.
Timing Your Application for Bail Return
While the “Application for Return of Cash Bail” can be filled out at any time, it’s generally advisable to submit it after the case has concluded. This means either after a judgment has been entered against the defendant or the case has been dismissed. Furthermore, the court typically won’t process the application until the judgment is final and the defendant has either started their probation or reported to prison.
Assigning Bail Money to Another Party
The depositor can request to assign the bail money to another individual, such as the defendant’s attorney or a family member. This requires completing an “Application for Assignment of Bond Funds.” If approved, the assigned individual can then apply for the return of the bail money once the case is finalized. The “Application for Assignment of Bond Funds” can be submitted at any time. This provides flexibility in managing the bail funds.
