Criminal Law Questions? Ask a Criminal Lawyer.
Thank you for using Just Answer. I look forward to assisting you.The answer will depend upon the language used in the surety agreement you signed with the bondsman. If it contains language that allows you to notify the bondsman that you no longer wish your collateral to be at risk, then yes, you can request a refund. Note that any fees paid likely wouldn't be refunded.Also, I will say it is unlikely the agreement allows for this. As you may know, the bond is really a percentage of the full bail that a defendant must pay to get out. You pay a portion of that amount when you pay the bondsman. For example, if a defendant has a $10,000 bail, you may pay $1,000, and the bondsman pays the sheriff the rest. The bondsman assumes the responsibilities of paperwork, liability, bond forfeiture and re-arrest. The bond is held until the resolution of the case, and the bondsman assumes the risk that if the defendant skips out on court, they lose out on all of the money they put up. Hence, typically the amount you pay includes a non-refundable fee for the bondsman's time and their risk. Since they are assuming most of the risk, however, usually a person cannot cancel.My suggestion would be to read the bond agreement you signed first. If there is no right to cancel your bond, but the defendant starts taking actions that make you uncomfortable (for example, they change their phone number, suddenly move, miss a court date), I would definitely talk to the bondsman at that point about pulling the bond. Chances are, if the defendant takes steps like that or misses court, they may look to protect their investment anyway and withdraw the bond on their own.
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