Legal Question in Business Law in California

I was recently arrested for making a "criminal threat" against a person. My bail amount was set at $50,000. I paid $5,000 to have a bail bonds company post a $50,000 bond. I was released on this $50,000 bond. After my release, the DA decided to not file charges. Despite the DA not pursuing criminal charges, I was never refunded the $5,000 that I paid to bail out of jail.

Two weeks later, the DA obtained a warrant for my arrest for animal cruelty, vandalism, and for the same criminal threat that they had previously not filed charges on. This time when I was arrested, my bail amount was set at $35,000. I paid $3,500 to a bail bonds company to post a $35,000 bond. I was released on this $35,000 bond. After my release, the DA decided to pursue criminal charges against me.

Even though my bond was set at only $35,000 for my case, I have paid a total of $85,000 in two separate bonds ($50,000 bond the 1st time + $35,000 bond the 2nd time). Therefore, am I entitled to a refund of the original $5,000 bail money for the original $50,000 bond since the DA never pursued charges on that case? Why should I have to pay bail twice for a total bond of $85,000 when my bond was only set at $35,000? I should be entitled to a refund of the original $5,000 bail money on the original $50,000 bond since no charges were ever filed in that case. Am I entitled to a refund of this? Or is it legal for the DA to charge me $85,000 in bail when my bail was set at only $35,000?


Asked on 10/24/11, 9:32 pm

3 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

The DA has not charged you any amount of money. It was the court that ordered the amount of your bail.

Had you put up the initial $50,000 yourself, you would have been entitled to get it all back. Most people couldn't afford to do that, and it sounds like that was true in your case. So you did what most people in your situation would do: you hired a bail bondsman to post the bail for you. The $5,000 you paid him was his fee for doing so. He did what you paid him to do, so you are not entitled to get your money back. And even if you were entitled to a refund, it would be from the bondsman and not from the DA or the court.

The bondsman is entitled to charge you a second fee for your second bond. He is bonding you out on a different case. The first job you paid him for is done, and now you have hired him to do a second job for you. He is entitled to a second fee.

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Answered on 10/25/11, 1:33 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Hoffman. If you still have questions about bail, bond fees, or "exoneration of bail" I suggest you ask your private attorney or public defender. He or she will understand the system and be able to explain it to you in detail.

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Answered on 10/25/11, 10:36 am
Terry A. Nelson Nelson & Lawless

You don't get a refund. Posting bond is just like paying a car insurance premium. You don't get it back just because you didn't have an accident.

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Answered on 10/25/11, 11:54 am


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