Can you get your money back if you have posted bail for a loved one? This is a question I receive all the time, and the answer to this depends on what type of bond/bail you have paid, as there are quite a few different kinds.
The first type of bond we will discuss is called a surety bond. A surety bond is a loan provided by a bail bondsman, in exchange for a percentage of the bail amount set by the court. Once the bondsman has been paid the agreed upon percentage, they will then give the total bail amount to the court along with their word that if the defendant does not show up to their court date, they are responsible for retrieving them and bringing them back to court. With a surety bond, the percentage that is paid to the bondsman in exchange for the loan does not get returned to you. This is in part due to the risk the bondsman takes when posting the full amount of bail on the defendant's behalf. If the defendant does not show up for court, the bondsman is the one who is not going to be returned that full amount of bail money posted.
There are other types of bonds or bails in Indiana that do allow for refunds. The first kind of bond with the opportunity for a refund is very similar to the surety bond, where you would pay the bondsman. In this type of bond however, a personal relative will pay a percentage of the bail amount determined by the court, typically 10%, and sign a contract ensuring they are responsible for seeing that the defendant shows up for their scheduled court date. If the defendant shows up for their court proceedings and the matter is resolved, you can then go back to the clerk's office, show them your ID, and receive the money you posted on your relatives' behalf.
The other type of bond that allows you to recover the money posted is a cash bond. With a cash bond, an individual will pay the full bail amount set by the court in cash, which the court will hold onto and return once the defendant shows up for their court date and the matter is settled.
I hope that this has been helpful. If you have any questions related to this post or anything else, feel free to reach out to me. I am always more than happy to help. Until next time, remember this- if you have to be guilty of anything, be guilty of greatness.
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