Legal Question in Criminal Law in California

if i was bailed out on a $250,000.00 bail for a ramey warrant, however no charges were filed. So what happens to the bail money i paid out.


Asked on 12/19/09, 1:33 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Did you post the full amount in cash? Then the court should exonerate bail and give you the money back. That request should be made on the date you were ordered t appear in court. You might also elect t leave the bail as it is if the DA is still reviewing the case to avoid having another warrant issue.

If you posted a bond, you can probably kiss $25K goodbye. A bail bond is similar to an insurance policy, where the bond company agrees to pay the full amount to the court if you fail to appear. Once you've paid the premium, which is usually ten percent of the total bail, it's gone.

If you had contacted a lawyer prior to posting bail, many would have advised you to hang tight in the jail, if you could stand it, until your first court appearance, which has to be held within two court days of your arrest. In your case, you would've been released if the DA didn't file charges. Even in cases where charges ARE filed, it's often possible to get the bail reduced, or even get my client released p his own recognizance. Finally, bail bond premiums are negotiable, and most bond companies will lower the rate to eight percent when they know the defendant's lawyer.

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Answered on 12/24/09, 8:31 am


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