Legal Question in Criminal Law in California
if a case was dismissed an bail was exonnerated can a refund be given if a bails bondsmn was used?
2 Answers from Attorneys
You're not going to get a refund of any premiums you paid to the bail bondsman. If you look carefully at the agreement that you signed with the bail bondsman, it will state that it is nonrefundable, regardless of the outcome of the case.
On the other hand, it is good that bail was exonerated. Be sure a copy of the court's order ruling that bail was exonerated is given to the bail bondsman, and keep a copy of that ruling for yourself. If you gave additional security, such as a deed of trust on real property that you own, you will want that reconveyed.
There is nothing to refund. You didn't post bail, the bondsman did, and he charged you a 'premium' or fee as the price of his risk or the interest earned for 'loaning' you the bond money. It's just like when you pay a premium for car insurance but don't get the premium back if you don't make a claim on the insurance. It's the cost of doing business with him. You could have avoided his fee by posting the whole bail in cash with the court. Then, you would get it refunded from the court once exonerated.
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