Criminal Law Questions? Ask a Criminal Lawyer.
HelloThis 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.
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.
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.
At the conclusion of her case.
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.
The conclusion is when she is sentenced. Her probation is not going to be bonded.
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.
Yes, that is always a possibility.
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
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.
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.
Yes, the restitution would go back to the insurance company. That is what will establish the basis.
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.
I indeed stand corrected.
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