Legal Question in Criminal Law in Florida

bail money

if i posted bail for my brother in law and the last court date was 11/03, there have been no problems, everything is final and a1 bailsbond still hasnt returned my $$.


Asked on 6/14/04, 1:50 pm

2 Answers from Attorneys

Adam Frankel Adam Frankel, P.A.

Re: bail money

While I am not sure what county you are located, the Palm Beach County Clerk of Court has listed the following information on their website:

http://www.pbcountyclerk.com/courtservices/countycriminal/cashbonds.html

A bond is a promise to the court that a person charged with a crime will appear for their future court dates and remain within the jurisdiction of the court. There are two types of bail bonds used for this purpose. A surety bond, which is guaranteed by a bond agency usually secured by a person's real property of some kind and a cash bond, which is the total amount of the bond set in cash.

THIS INFORMATION PERTAINS TO REFUNDS OF CASH BONDS ONLY

Bond money will be refunded after the Final Disposition of the case or by order of the Court.

The refund will be made to the depositor of the cash bond.

Bond money is deposited into a "Non-Interest" bearing account. Therefore, no interest is collected on your money.

Your refund will be by check only.

Options available for refunds:

For a Speedy Refund--In Person Only--The depositor must present the following--

One photo ID or two signature ID's such as a voter's registration card, credit card, social security card, etc.

Your pink copy of the bond receipt.

Court event form discharging bond or copy of written order from the court.

For a Request by Mail---

A written request from the depositor containing a current mailing address and signed by the depositor.

The signature must be notarized.

To Have Another Person Pick Up Your Refund---

A written notarized request from the depositor authorizing another to pick up your check.

The person picking up the check must show proper ID.

To Assign Your Bond Money to Another Person--

A notarized statement is required from the depositor assigning the funds to another person.

The assigned person must show proper ID.

I would recommend that you check with the Clerk of Court in the county you live in to recover any monies you posted now that the case is final.

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Answered on 6/14/04, 1:58 pm
Richard Hornsby Richard E. Hornsby, P.A.

Re: bail money

Based on what you have explained it is my opinion you will not be receiving any money back.

You state that "A1 Bailbond" has not returned your money. This implies that rather than posting a cash bond (i.e. You paid out of pocket the entire bond amount to the jail), you instead retained a bondsman.

When you retain a bondsman, you pay him a percentage of the bond he is posting on your behalf, usually 10%, and he posts the bond. Unfortunately, you do not receive the money you gave a bondsman back. This is his fee for you not being required to post the full amount yourself.

If you did in fact post a cash bond (i.e. the full amount of the bond) without the assistance of the bondsman, the clerk's office usually sends out a refund in about 30 days from case finalization.

Best of luck,

Richard Hornsby

www.richardhornsby.com

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Answered on 6/14/04, 2:22 pm


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