Legal Question in Criminal Law in Texas

bond issue

After a defendent is sentenced or enters a plea does the bond money go back to the person who posted it or does the bondsmen or someone else get it?


Asked on 6/30/07, 1:40 pm

1 Answer from Attorneys

Andrew Casanave Andrew M. Casanave

Re: bond issue

It depends who put the money at risk.

If a person is released on a cash bond then the person who deposited that money with the sheriff/court would get a refund.

Hiring a bondsman is like buying an insurance policy. The bondsman buys a policy that pays the court if the defendant does not appear for court and becomes a fugitive. If the defendant does appear at court and if the matter concludes without the defendant becoming a fugitive then the insurance policy simply lapses and the bondsman and insurer keep their fees because the insurer's money was at risk. The buyer of the policy paid the bondsman to take the risk.

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Answered on 7/01/07, 12:41 pm


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