How Bail Works

John M. Kaman

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Criminal Defense Attorney

Contributor Level 20

Posted about 5 years ago. 1 helpful vote

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1

Will I get My Bail Premium Back if I Win?

An amazing number of clients and lawyers think that if they use a bail bondsman and they win they'll get back the 8-10% premium they paid. Not so. That money is gone forever. It is the bail bondman's profit. Your premium buys your freedom pending trial. It is a non-reimbursable purchase.

2

What Should I Do?

Consider the other possibilities. Many people are in such a state of panic when they are incarcerated they want out yesterday. But in many cases the defendant may qualify for some kind of diversion program which will get him out of jail after he is evaluated in custody. How would you feel if you had paid a 10K premium and then found out the court was planning to release you 2 weeks later? 10K for 2 weeks of freedom. Often it is better to get used to being in jail until you know for sure whether the court will release you. If not then you can consider throwing away the 10K. But make sure you still have money to pay your lawyer. And if in your heart of hearts you know you are guilty why not stay in pending trial? If you do your time served will be credited against your eventual sentence if your lawyer can't win your case despite your guilt. Read a book. Relax. Enjoy your peanut butter and jelly diet. Enroll in GED. There are lots of possibilities.

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John M. Kaman

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