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Bail Questions • Cost of Bail • Arizona

How Long Does It Take to Get Bond Money Back?

A cash bond is refunded by the court clerk after the case ends and the court exonerates the bond, typically several weeks later.

Quick answer

A cash bond is refunded by the court clerk after the case ends and the court exonerates the bond, typically several weeks later. A bail agent's 10% premium is never refunded. Collateral pledged to a bail agency is returned once the court exonerates the bond, usually within days of the order.

Which money comes back and which does not

Three different pots of money get called bond money, and only two come back. A cash bond, the full bail paid to the court by the family, is refundable. Collateral pledged to a bail agency, such as a vehicle title or a lien on a house, is returned. The premium paid to a bail agent, typically 10% of the bail under surety rates filed with DIFI, is the fee for the service and is not refunded under any outcome, including dismissal.

Families sometimes expect the premium back when the charges are dropped. It does not work that way. The premium was earned when the person walked out of jail. If the question is which route gets the most money back, the cash bond wins, at the cost of tying up the full amount for the life of the case. The do you get bail money back guide compares the two.

Cash bond refunds: the timeline in Maricopa County

The clock starts when the case ends: dismissal, acquittal, a plea, or sentencing. The court then enters an order exonerating the bond. The clerk's office processes the refund after that order, mailing a check to the person who posted the bond, the depositor named on the receipt. Several weeks after exoneration is typical. It can be longer if the court applies fines, fees or restitution to the deposit first, or if the depositor's address on file is out of date.

Two things speed it up. Keep the original receipt from the 4th Avenue Jail Bond and Fine Room or the clerk, and make sure the defense attorney asks the court to exonerate the bond at the final hearing rather than leaving it to be caught later. If a check has not arrived six to eight weeks after exoneration, contact the clerk of the court that held the case. Case timelines are on the Maricopa County Superior Court page.

Collateral return after a surety bond

When a bail agent posted the bond, the same exoneration order ends the surety's liability. The agency then releases whatever was pledged: a title is handed back, a lien on real estate is released and recorded, cash held in trust is returned. A reputable agency does this within days of receiving the exoneration order, not months. Ask for the written collateral receipt at signing so there is no dispute about what is owed back.

Collateral is not returned if the bond was forfeited because the defendant failed to appear and was not returned within the period Rule 7.6 and A.R.S. 13-3974 allow. In that case the surety pays the court and applies the collateral against what the cosigner owes. Any unpaid premium installments are also settled before collateral is released. Details on the collateral page.

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Related Questions

Do you get bail money back if charges are dropped?

A cash bond posted with the court is refunded after the court exonerates the bond, less any fees applied. A bail agent's premium is not refunded even when charges are dropped, because it was earned at release. Collateral is returned.

Who gets the bail money back when the case is over?

The person who posted the cash bond and is named on the court receipt, not the defendant, unless the defendant posted it. Keep the receipt. Refund checks are mailed to the depositor's address on file with the clerk.

Can the court keep bail money for fines?

Yes. When a cash bond is exonerated, the court can apply the deposit to fines, fees, surcharges or restitution the defendant owes before refunding the balance. Some courts ask the depositor at posting whether they consent to that.

How long does it take to get collateral back from a bail bondsman?

Usually within days of the agency receiving the court's exoneration order, provided the premium is paid in full. Lien releases on real estate take slightly longer because they must be recorded. Ask the agency for the expected date in writing.

What happens to bail money if the defendant misses court?

The court starts forfeiture with notice and a hearing. If the person is returned in time, the court usually sets the forfeiture aside. If not, a cash bond is kept and a surety bond's cosigner owes the full amount. Call One Stop Bail Bonds any hour and an agent will walk you through it.

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