Ogden, UT asked in Criminal Law for Utah

Q: question about bail money if I bail somebody out cash only for $15,000 and some of the charges got dismissed

Does the judge have to give the money back

Related Topics:
2 Lawyer Answers
Michael S. Edwards
Michael S. Edwards
Answered
  • Criminal Law Lawyer
  • Layton, UT
  • Licensed in Utah

A: The main purpose of bail is to guarantee the bailed person's appearance at all of the court's hearings. So the presumption is that the bail will be returned to you once the case is finalized (adjudicated, in legalese). It usually takes the court two to three weeks to get the money back to you when that happens.

Sometimes the judge of the case will use part of the bail money to pay any fines, court fees, or restitution. When that happens, the balance remaining is then refunded to you. If you don't want that to happen, someone (possibly the person charged with the crime or his/her attorney) needs to tell the judge that it wasn't the defendant's money that was used to bail him or her out of jail. Rather, it was your money. Once the judge knows that, they might not use the bail money for fines, fees, or restitution. Rather, they would likely have the money refunded to you once the case is done.

If the person bailed out is still facing some of the charges, they don't usually refund (exhonerate in legalese) part of the bail just because some charges got dropped. The refund usually does not occur until after the case is either dismissed in full, or the defendant is sentenced. I hope this helpled? Good luck! Mike Edwards

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr.
PREMIUM
Answered
  • Criminal Law Lawyer
  • St. George, UT
  • Licensed in Utah

A: Only if ALL of the charges are dismissed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.