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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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My mom was arrested in december 2015 i posted bail at 7,500

Customer Question

my mom was arrested for arson in december 2015 i posted bail for her at 7,500
10 percent of 75,000, with a bailsbond. being hypothetical, if i posted the entire bail at 75,000 when would that be returned to me
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Samuel II replied 11 months ago.

Hello

This is Samuel. As soon as your Mother appeared in court, and the matter was finalized. In other words, if she appeared at her first hearing and was continued on bond, then it would be after a final trial. On a cash bail, it often takes from six to twelve weeks to receive the cash bail back from the county after the conclusion of the case.

Customer: replied 11 months ago.
i ask because shes going to plea no contest, and be sentenced to 3 years probation, would the bail be refunded after probation period or at the time shes sentenced to go on probation?
Customer: replied 11 months ago.
im in los angeles county
Expert:  Samuel II replied 11 months ago.

Also, keep in mind, that if the defendant fails to appear at any time that money is forfeited. Likewise any premiere fee you paid to the bondsman will not be returned.

The bail should be returned at the conclusion of her plea on the record. The bond should not carry over into her probation period. It is only to ensure her appearances in the matter.

Customer: replied 11 months ago.
is the conclusion of the case when she gets sentenced, or after her probation period is served?
Expert:  Samuel II replied 11 months ago.

So I suggest you should be getting your money returned within 4 months once she has put the plea on record and she leaves the court and the record is processed.

Expert:  Samuel II replied 11 months ago.

At the conclusion of her case.

Expert:  Samuel II replied 11 months ago.

It takes time to process as I noted, but her probation is her sentence. So say she was sentenced to 1 year in jail, you would get your money returned after the sentence was imposed. Not in one year after she served it.

Customer: replied 11 months ago.
is the conclusion of the case when she's sentenced? or when her probation is served?
Expert:  Samuel II replied 11 months ago.

The conclusion is when she is sentenced. Her probation is not going to be bonded.

Expert:  Samuel II replied 11 months ago.

The matter is concluded at sentencing. And you will get your money returned in about 4 months after that. Your money will NOT be held until she completes her sentence.

Customer: replied 11 months ago.
will they deduct any restitution she owes from the bail
Expert:  Samuel II replied 11 months ago.

Yes, that is always a possibility.

Customer: replied 11 months ago.
will they deduct restitution if i posted bail, or only is she posted bail?
Expert:  Samuel II replied 11 months ago.

It's under Cal. Penal Code § 1297 and it refers to "bail" as "defendant's deposited money" rather than bail. If restitution is owed, the deposited money will go to pay restitution if it is still deposited at the time judgment the judgment is issued

Expert:  Samuel II replied 11 months ago.

So what you can do is tell the clerk you want to surrender your Mother to the courts and let her go to jail until her hearing date. That way you can get your money back.

Customer: replied 11 months ago.
but if its deposited by a relative not the defendant can it still be deducted?
Expert:  Samuel II replied 11 months ago.

Yes. They will take the money. And her is the CA law on how you can surrender her and get your money back. If the money is still on deposit at sentencing they will keep it and put it toward her restitution.

Read this LINK on surrender.

Customer: replied 11 months ago.
in this case the alleged victim was reimbursed by he's insurance company, is he still entitled to restitution? and who determines a fair restitution amount?
Expert:  Samuel II replied 11 months ago.

Yes, the restitution would go back to the insurance company. That is what will establish the basis.

Expert:  Samuel II replied 11 months ago.

My further research of the CA code says if the deposit/bail is not in the name of the defendant, then the person whose name it is in shall get it back by presenting the receipt. So there is good news for you if the money is in your name and not your Mothers.

1297. When money has been deposited, a receipt shall be issued in the name of the depositor. If the money remains on deposit at the time of a judgment for the payment of a fine, the clerk shall, under the direction of the court, if the defendant be the depositor, apply the money in satisfaction thereof, and after satisfying restitution to the victim or the Restitution Fund, fines, and costs, shall refund the surplus, if any, to the defendant. If the person to whom the receipt for the deposit was issued was not the defendant, the deposit after judgment shall be returned to that person within 10 days after the person claims it by submitting the receipt, and, if a claim is not made within 10 days of the exoneration of bail, the clerk shall immediately notify the depositor of the exoneration of bail.

Expert:  Samuel II replied 11 months ago.

I indeed stand corrected.

Expert:  Samuel II replied 11 months ago.

Please let me know if you have other questions in this regard. Otherwise, a positive rating ensures I get credit for my time and information. Thank you.

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