Legal Question in DUI Law in California

How long does it take for a bail company to exonerate the bail deposit in california? Does 8 months seem excessive?


Asked on 1/04/10, 6:43 pm

2 Answers from Attorneys

Dave Jake Schwartz sonomacountyduilawyer.com

Typically someone who uses a bail company simply pays a premium (much like a car insurance premium) which is NOT returned to the payor, but rather it is kept by the bail company as the price for their services. Usually a "bail deposit" refers to a cash deposit with the court rather than with a bail company; cash deposits are returned to the payor by the court once the court (not the bail company) exonerates the bail following conclusion of the court case, typically within 30-45 days of sentencing.

However, if a payor makes any kind of deposit with a court or a bail company, he/she should confirm first with the court clerk that bail was, in fact, exonerated by the court in the particular case for which the deposit was made, and then determine the reason being given for failure or refusal to return the deposit. If you feel that a bail company is acting improperly, you may wish to contact a lawyer directly for actual detailed analysis and advice, or contact the agency which oversees and regulates bail companies which is the California Department of Insurance. You may find more information by reading laws regarding bail which are generally found in California Penal Code Sections 1268-1320.5 and in Title 10 of the California Code of Regulations, Sections 2053-2104.

If you are arrested for DUI in Sonoma County and wish to hire a lawyer or browse more information regarding Santa Rosa DUI attorneys and practices, please feel free to visit my website at http://www.sonomacountyduilawyer.com. Good luck.

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Answered on 1/10/10, 4:05 am
Terry A. Nelson Nelson & Lawless

IF the court ordered bail exonerated, and if you paid the bail in cash to the county, then you would get it back in a couple months from the county. If you hired a bondsman, you paid an 'insurance premium' of 10% or so normally for him to post his bail bond. You don't get that 'premium' back, that was his fee.

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Answered on 1/11/10, 11:20 am


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