How do you get off a bail bond without going to court?

Asked over 3 years ago - Sacramento, CA

Basically, I was arrested for a dui and had a old warrant (in another county) for another one. I was booked in a Jail in CA and was sent to the release Tank and was going to be cited out. The bail bond company knew this and waited until 20 minutes before I was going to cited out and posted the bond. Now I paid 1500 for no reason. The CO at the jail even asked why did I post if I was going to be cited out. Now I want to get off bail completely before my court date. What can I do?

Attorney answers (3)

  1. David Jon Pullman

    Contributor Level 19

    Answered . You must have hired the bail bond company to bail you out. If you didn't enter an agreement with the bail bond company, they can't charge you for bailing you out. It sounds like you agreed to be bailed out and then realized it was a bad choice because you could have been cited and released and now are blaming that on the company you hired to bail you out. Am I missing something? I don't see how you could get off bail, especially not before your court date. It would be the court that would have to exonerate your bail and you would have to have a pretty good reason for the court to want to do it.

  2. Brian Andrew Bezonsky

    Contributor Level 14

    Answered . If you have already paid the premium (ie 10% of the bail amount) to the bail company, and you don't owe them a balance, I am unclear as to your incentive to "get off a bail bond". You have to make your future court appearances anyway (or hire an attorney who will appear for you.) whether you posted bail or were cited out.
    Even if the court were to exonerate bail at the next court date, you will not get back the fee you already paid the bail bond company, because that is the fee you contractually owed them for their service of getting you out (albeit if you waited a little longer you may not have needed their service).
    If you plan on not making your next court appearance and want to get off a bail bond so that you're not liable for the full bail amount, any lawyer will tell you that's a bad idea. If I am misunderstanding your question, I apologize, and feel free to post a comment so that my response can be more helpful.

  3. Erick Masten Platten

    Pro

    Contributor Level 18

    Answered . Hello there,

    If you want to go back to jail and do time while your waiting on your court date, you cold inform your bail bonds man that you want them to go off the bond so you can go back to jail and get jail time credit.

    The bonding company would have to file a motion with the clerk and that motion would go before the judge so the company would no longer be on your bond.

    When that occurs you can turn your self in and get some jail time credit while you are languishing around in jail waiting for your court date.

    Sincerely,

    Erick Platten

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