Los Angeles, CA asked in Criminal Law and Collections for California

Q: If s.o. is arrested & bailed out before the court date,then it is a DA reject & bail is exonerated; isn't bail $ return?

With the DA reject&exoneration of bail,isn't the bail money returned(what was paid in assuredy?)to the person who paid it?& if the case is a DA reject how would the bond company still be able to insist on the monthly payments,as well as the former defendant submitting to daily check-ins w/a photo?

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2 Lawyer Answers
Leon Bayer
Leon Bayer
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: Bail bond has not been eliminated across the board. Only in certain classes of cases. It sounds like there is still a bail bond required in your particular case. If so, the payments are required to pay the premium for issuing the bail bond.

A bail bond is actually a personal loan. The payments are actually the interest on the loan.

I hope this explanation helps.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If an individual posts bail directly with the court and the case is dismissed or there is a DA reject, the bail money should be returned to the person who posted it. However, if a bail bond company is used, the fee paid to the bail bondsman is typically non-refundable, even if charges are rejected or dismissed.

This fee is what the bail bond company charges for their service of posting the full bail amount on behalf of the defendant. Any additional monthly payments or conditions, like daily check-ins, would depend on the terms of the contract with the bail bond company.

If you believe the bail bond company is acting inappropriately, it's recommended to review the contract and potentially consult with an attorney familiar with bail bond issues in California. Always ensure you understand the terms and obligations when working with a bail bond company.

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