At Harrison Bail Bonds, serving Tallahassee and the surrounding Florida panhandle, we understand that navigating the bail process can be confusing. We’re here to help. Bail is a financial guarantee to the court that a defendant will appear at all required court dates. It’s not a punishment, but an incentive. One common question we receive is, “What happens to the bail money after it’s paid?” This blog post will explain the process in Florida.
Bail Money Held by the Court:
In Florida, the court (or sometimes the jail on behalf of the court) holds the bail money. It’s not the bail bondsman who keeps it (unless the defendant forfeits bail, which we’ll cover later). The court acts as a trustee for the money. We’ll primarily focus on cash bail for this explanation, as it’s the most straightforward.
Types of Bail in Florida
Bail can take various forms, including cash and surety bonds (which we handle at Harrison Bail Bonds). While this article focuses on cash bail, it’s important to understand that different rules apply to other forms of bail.
Defendant Appears in Court:
The ideal scenario is that the defendant appears at all required court dates, hearings, and the trial. If this happens, the bail money is eventually returned to the person who posted it. Note that it might not be immediate; there can be a short administrative delay. This is the entire point of bail – to ensure the defendant’s appearance.
Case Dismissed or Defendant Acquitted:
If the charges are dropped or the defendant is found not guilty, the bail money (if a cash bail) is returned to the person who posted it (whether that’s the defendant themselves or someone else on their behalf).
Defendant Fails to Appear (Bail Forfeiture):
If the defendant skips bail (fails to appear in court), the court will declare a bail forfeiture. Florida law outlines specific procedures for this. The court will issue a notice to the defendant and the surety (if a bail bond was used). Florida Statute 903.26 addresses the procedures related to bail forfeiture.
The court may grant a grace period, often 90 days, for the defendant to appear or provide a valid reason for missing court. If the defendant still doesn’t appear within this period, the court keeps the bail money. This money then typically goes into the county’s fine and forfeiture fund, as described in Florida Statute 903.28.
What Happens with a Surety Bond (Bail Bondsman’s Role):
This is where Harrison Bail Bonds comes in. With a surety bond, we guarantee the full bail amount to the court. The defendant pays us a percentage (the premium, typically 10%), which is our fee. If the defendant skips bail, we are responsible for paying the full bail amount to the court. This is why we require collateral and cosigners. We need to recoup our losses if the defendant flees.
If we can locate and return the defendant to court, we might get some or all of the bail amount back (depending on the specific circumstances and the judge’s discretion).
Application to Fines and Court Costs:
Florida law allows for bail money to be applied toward fines, court costs, or restitution owed by the defendant, even if they appear in court (for cash bonds). This is covered under Florida Statute 903.31. It’s important to understand that this is a possibility.
Find a Bail Bondsman in the Florida Panhandle
Bail is a critical part of the legal system, designed to ensure court appearances. Understanding what happens to bail money is essential. At Harrison Bail Bonds, we’re here to help you navigate this complex process. Contact us today if you, or a loved one, have been arrested and are looking for a bail bondsman in Tallahassee, Leon County, and the surrounding areas of the Florida panhandle.