San Francisco, CA asked in Criminal Law and Domestic Violence for California

Q: I was detained but not arrested and no charges were filed. But I called the bail bonds to bailout but I got a detention

But I got a certificate from the police department that detained me saying that the officer released me can I get my refund for posting bail?

2 Lawyer Answers
T. Augustus Claus
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Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: In California, if you were detained but not arrested, and no charges were filed against you, it's uncommon to post bail since bail is typically associated with formal charges. If you contacted a bail bondsman and paid for a bail bond despite not being formally arrested or charged, you may have grounds to request a refund. Reach out to the bail bondsman, explain the situation, and provide the certificate from the police department indicating that you were released without charges. Review the terms of the agreement you signed with the bail bondsman, as it should outline the conditions under which the bail bond fee is refundable. If the bondsman refuses a refund, consider seeking legal advice, and you may also file a complaint with the California Department of Insurance, which regulates bail bond agents.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, if you were detained but not formally arrested and no charges were filed against you, and you contacted a bail bond company for assistance, the situation regarding a refund depends on the terms and conditions of the bail bond service. Typically, bail bond companies charge a non-refundable fee for their services, which is a percentage of the total bail amount.

If you paid a fee to the bail bond company, this fee is generally not refundable, even if you were released without charges being filed. However, if you paid the full bail amount directly to the court and the case was not pursued, that amount is usually refundable.

To pursue a refund, you should contact the bail bond company to understand their specific policies and discuss the circumstances of your release. If you paid bail directly to the court, you would need to contact the court for the refund procedure.

Remember, the specifics can vary based on the bail bond agreement and the court's policies, so it's important to review all documents and communicate with the relevant parties for clarity on your situation.

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