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

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


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.

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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.

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The reason is because I would rather use that money towards retaining the funds to hire an attorney. I cant get the full amount until a few weeks and because I am facing 4th dui they want most upfront. Some one told me it was unethical of them to post bail knowing I was going to be cited out.

Brian Andrew Bezonsky

Brian Andrew Bezonsky


If you're facing a 4th DUI, that is a felony charge. In the Counties I practice, most defendants do indeed have to post bail to get out of Jail on that charge. And in the chance that the Defendant is cited without posting bail, most Judges would set bail (make you post bail) at your arraignment if you didn't have to post bail to be released from jail - so you should consider that the bail posted will serve its purpose in keeping you out while fighting the charge. And just to correct my prior comment now that i know this is a felony case, you must appear in court with your attorney. (That being said even if it were a 3rd time offense, most judges would require your physical presence even if you had an attorney.) Anyway, focus on what's ahead - your Court case. Bottom line is you were very likely going to have to post bail if not at Jail then at or after your arraignment anyway when the Judge learned that you were cited out on a 4th time felony DUI case. Hopefully the bail bond company and a good attorney up in Sacramento will be flexible with you with payments. Good luck!


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.


Erick Platten

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