For instance, Wesley Snipes was arrested on tax fraud charges. He intends on proving himself innocent, however he was released on a $1 million bond. What happens to that money if he is proven innocent? Just curious...
2006-12-09 16:59:30 · 13 answers · asked by breathofvitality 2 in Politics & Government ➔ Law & Ethics
Bond money is paid to get oneself out of jail, while awaiting trial. If you use a bonds company you usually only have to pay the bonding company 10% of the total bond amount.
If at trial, you are found not guilty--the money is refunded.
If you are found guilty and there is a fine acessed, then that bond money you posted will be used for that purpose, if your fine is lower than the money you "fronted" you will be refunded the difference.
Make sense?
2006-12-09 17:41:01 · answer #1 · answered by jason l 2 · 0⤊ 0⤋
If it was a cash bond, then it will be returned to whom ever put up the money. If someone puts up a bond for an individual who is arrested they will usually charge a fee. I think most charge 10% of the value of the bond. In that case you won't get back your 10% bond fee since that is what the bondsman charged you to put up the money or other assets in your behalf. There could be some administrative costs that may be deducted from a bond put up such as in the Wesley Snipes case.
2006-12-10 01:46:18 · answer #2 · answered by Flyby 6 · 0⤊ 0⤋
No, the bail bondsman charges a fee (usually 10%) for putting up the full amount of bail as security.
If you don't show up for trial, you owe him the full 100% of the bond. This is because he now owes the court the full 100% of the bond -- which is why he will send a bounty hunter out to find you and drag you back to jail (because he only gets his money back once you are returned to the court/jail).
If you do show up for trial, whether you are guilty or not or the charges are dismissed or whatever, the bail bondsman gets his 100% bond back from the court but you do not get your 10% back from him -- that money is how he pays the salaries of his people and the operating expenses of his business.
And the answer directly above me is exactly correct -- if YOU put up your own bond money (the full 100%) to the court, when you show up for trial they will give it back to you -- regardless of whther you are convicted, acquitted, or the charges are dismissed. As far as the court is concerned, bail money is just a way of making sure you show up for your trial. That is why they WON'T grant bail if you are a known flight risk, because the purpose would be defeated.
2006-12-10 01:03:34 · answer #3 · answered by Mustela Frenata 5 · 3⤊ 0⤋
Ok, lets understand that there is a difference btwn. bail and bond first. Bail is a process to gain freedom. It is normally btwn. the arrest and trial. But there is an appeal bail. Bond is alegal inscript-document that makes a promise. There are different types of bail.Personal bond- kind of a joke- you get out of jail without paying money and promise to owe, if you don't show up. Then there is relase on recognizance- you just sign that you promise to come back,no money behind it. Then there is bail bondsmen-he says he will give you money,there is a 10% fee ,you must give them the 10% but if you show up, you don't get the 10% back. Some courts have cancelled out the bail bondsmen. I know Detroit has, they set your bond at 10% but if you show up, you get it back.You just put up the 10% with the court and if you come-you get it back. But if you don't whoever posted bond for you, owes the rest. The thing with bondsmen is that they are state actors. You sign a contract stating that they can seize you(no warrant for arrest), they can cancel the contact, take you over state lines, surrender you if they think you are going to run.
2006-12-10 03:01:50 · answer #4 · answered by RoxieC 5 · 0⤊ 0⤋
If he paid the full bond himself & shows up at court, he gets it all back, whether innocent of guilty. If he buys a bond, usually costing 10% of the total, he is out that money no matter what. In this instance, it is considered similar to interest on a loan.
2006-12-10 01:10:41 · answer #5 · answered by bob h 5 · 1⤊ 0⤋
If you pay the bail out of your own pocket you get it back. If you hire a bondsman you don't. A bond is only 10% of the actual bail, and that is the cost of the bondsman.
2006-12-10 01:03:25 · answer #6 · answered by dakota29575 4 · 1⤊ 0⤋
the bond company keeps it, they have nothing to do with guilt or innocence, all they are doing is sureity, that the person who is out on bond will make his court appearance, now if Wesley jump bail and never comes back, the court gets the money and the bond company is out on the bond, that's why they have bounty hunters to get bail jumpers, as it's about the bond money,
2006-12-10 01:03:50 · answer #7 · answered by Anonymous · 1⤊ 0⤋
The bondsman keeps the bond money.
2006-12-10 01:02:20 · answer #8 · answered by gorn 2 · 0⤊ 0⤋
The bondsman gets a cut. I think 10% is the usual.
2006-12-10 01:04:33 · answer #9 · answered by last_defender 3 · 0⤊ 0⤋
The bond is returned when the guilt is not proven beyond reasonable doubt because it is only an insurance for the suspect not to run away from the case.
2006-12-10 01:28:42 · answer #10 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋