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xavierjd
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience:  Over 20 yrs experience in prosecution and defense work
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Criminal Law
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can someone pay cash for a bail bond and then revoke it after

the person is released from... Show More
the person is released from jail?
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Did you pay cash to a bail bondsperson or did you pay it to the court?

 

Thanks

Customer reply replied 7 years ago.
I'm not sure. Can you anwser it for both and that way I'll know just in case?
Customer reply replied 7 years ago.
i believe that it was to a bail bondsmen

A bail bond is a promise from the bondsman to pay the sheriff a specified amount (the amount of the bail). If the defendant (person in jail) does not show up in court, all of the paperwork and liability is primarily assumed by the bail bond company. You pay the bondman a percentage of the bail amount to assume the responsibilities of paperwork, liability, bond forfeiture and re-arrest. The bond is held until the resolution of the case.

 

The bail bondsman charges a non-refundable fee to perform the paper work, legwork and "hassle" of getting your loved one out of jail, along with potentially having to pay the full amount of the bond should the defendant skip court or jump bond. The amount you will paid for the bail bond is a small percentage of what is actually "put up" with the sheriff to secure your loved ones release from jail.

 

So, you CANNOT revoke the money you paid to the bondsman to get the person out of jail. The money paid is the fee charged by the bondsman.

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.

 

Customer reply replied 7 years ago.
so what happens if the bail bond was paid in cash to the court?

If you put up cash at the court and you want the money back, you can request that the court release you as surety and ask that the bond money be returned to you.

 

A hearing will be held during which the judge will ask why you want to be released as surety. If the judge grants your request, s/he will enter an Order to that effect, revoke the person's bond and set a new bond. Unless the person can post the new bond, the person will remain in jail.

 

If the person's court date is soon and you think that s/he will appear, you can request that you be released at the court date. That way the person will be there and the judge can revoke the bond and set a new one.

 

If you don't think that the person will appear for their next court date, you can indicate your fear to the court and ask that the judge hear your request before the court date.

 

Remember, a bond is meant to ensure that a person appears in court. If you are uneasy about losing your money because the person won't appear, or cannot afford to have your money tied up until the resolution of the case, then you need to request your money be returned (as described above).

 

I hope you find this information useful and that you PRESS THE GREEN ACCEPT BUTTON so that I can get credit for answering the question. Thank you.