If Charges Are Dropped, Do You Get Bail Money Back?

The Basics of Bail Bonds

Before we dive into the question of whether you get bail money back if charges are dropped, let’s first understand what bail bonds are. When someone is arrested and taken into custody, a judge will set a bail amount that must be paid to secure their release until their trial. The bail amount is often set high, and most people cannot afford to pay it upfront. This is where bail bond companies come in. They pay the bail amount on behalf of the defendant in exchange for a fee, usually 10% of the total bail amount.

What Happens to Bail Money?

If you pay the full bail amount upfront, the money is held by the court until the defendant’s case is resolved. If the defendant does not show up for their court date, the court keeps the money as a penalty. However, if the defendant attends all court hearings and follows all conditions of their release, the bail money is returned to the person who paid it.

Charges Dropped vs. Case Dismissed

Now, let’s get back to the original question: if charges are dropped, do you get bail money back? Unfortunately, the answer is not always straightforward. It depends on the reason why the charges were dropped. If the charges were dropped because the prosecutor did not have enough evidence to proceed with the case, the defendant is entitled to get their bail money back. However, if the charges were dropped because of a plea bargain or because the defendant agreed to a lesser charge, they may not be entitled to get their bail money back. Additionally, if the case is dismissed without prejudice, which means that the prosecutor can refile the charges at a later time, the defendant may not get their bail money back.

Exceptions to the Rule

There are also some exceptions to the rule that you get your bail money back if charges are dropped. For example, if the defendant violates the conditions of their release, such as by committing another crime or leaving the state without permission, they may forfeit their bail money. Additionally, if the defendant used a bail bond company to pay their bail, the fee paid to the bail bond company is non-refundable, regardless of whether the charges are dropped or not.

Conclusion

In summary, whether you get your bail money back if charges are dropped depends on the reason for the charges being dropped and whether you paid the full bail amount or used a bail bond company. If the charges were dropped because of a lack of evidence, you may be entitled to get your bail money back. However, if the charges were dropped as part of a plea bargain or if you used a bail bond company, you may not be entitled to a refund. It’s always best to consult with a criminal defense attorney or a bail bond company to understand your specific situation.