Legal Question in Criminal Law in California

Exoneration of Bail
My wife was arrested when a person falsly accused her of assult and battery and has since retracted her accusation and has been charged with giving false police report. However I still had to bail her out of jail and bail was in the amount of $50,000. A bail bond company wrote the bond and charged $5,000 no money down just had to sign the deed to our house as colladeral and gave 5 months to pay and payment is due. I've paid $2,000 so far but their still threatning to start forclosure procedings. Some one told me that if charges are droped then we can get an order from the judge called an ''Exoneration of Bail'' and to take this to the bondsman and they nullifies the bond and we should get a refund of our money. This same document is then taken to the court clerk and a reconveyance (lien removal) is done. A few more steps are outlined but I won't bore you with all the details. My question is has any of you ever heard of this and is it true and will forclosure procedings be stoped. The bondsman told us that even if charges are droped or aquited we still are obligated to pay the bail charge. Please answer as soon as possible because my house is on the line. Thank you so much for your time and this web site. Charges have been dissmised.

Asked on 7/07/05, 10:47 pm

Lyle Johnson Bedi and Johnson Attorneys at Law

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Re: Exoneration of Bail

The payment to the bail bond is a premium payment and is not refundable when the bond is exonerated.

Answered on 7/08/05, 12:26 am

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