Luke7456
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So always wondered this one from when I was watching American to programs. Saw again recently where bail was mentioned.

How does it work like if you pay bail and get released then you can choose not to return and get bail back but now don't face charges or you still got to face charges anyway?

I mean as I understand maybe wrongly bail us deposit you get back once you show up for trial but legally can you choose to just lose the bail but not face charges etc?
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oldercon1953
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Report 3 years ago
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(Original post by Luke7456)
So always wondered this one from when I was watching American to programs. Saw again recently where bail was mentioned.

How does it work like if you pay bail and get released then you can choose not to return and get bail back but now don't face charges or you still got to face charges anyway?

I mean as I understand maybe wrongly bail us deposit you get back once you show up for trial but legally can you choose to just lose the bail but not face charges etc?
In Calif. most defendants, after being arrested, have the right to bail. By bailing you are making a deal with the court to return to face charges. If you don't return you lose or foerfeit the money. In Calif. for simple cases, bail is preset so a defendant can post bail and be released right after being booked into jail. In other cases you are held over until a judge can see the case and usually set your bail. How much of a flight risk you are and the severity of the crime are some of the factors he looks at to determine the amount.

Heres how the process works: I get arrested on a minor charge that I can bail on without seeing a judge. The bail, or bond, is set at $5000.(for example),I have to come up with 10% or $500. I can post it myself by havlng someone come to the station with the money or I can use a bailbondsman who will also charge me a fee.They post my bail and I walk out.
If I return to face charges I'm not on the hook for the remainder of the bond (remember, I only paid 10% of it.) If I don't return I owe the court the entire amount minus the 10% deposit. In either case I lose the $500 deposit. The 10% is what it costs you to not have to set in jail until your court date.

If I've used a bailbondsman and don't show up on my court date he forfeits the whole $5000. because court will keep it until I show up in court. The job of modern day bounty hunters is to go after defendants who have jumped bail and return them to face charges so the bailbondsman can get his bond money back from the court.
All of this changes from state to state.

Hope this helps
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