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There's something darkly funny — in a tragic way — about what happens once the government already has your bail money. I learned this lesson (again) last week when I attempted to recover a $2,000 cash bail deposit at the sentencing of a client, who was already out on a larger bail bond for the same case. |
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That might sound confusing, but here's an infographic to show how many times this client missed court, then had bail reinstated: |
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Everyone understands that when a defendant misses court and a warrant is issued, bail money may be forfeited for good. But what most people don't understand — including everyday family members who post cash bail — is this: |
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Even if the defendant turns themselves in the next day, even if the defendant is already back in custody, even if there is clear and undeniable good cause for a refund, you can still lose every dollar if you don't file a Motion to Set Aside Bail Forfeiture within 30 days of service of the forfeiture notice. |
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And the kicker: you have to hire a private attorney to file a Motion to Set Aside Bail Forfeiture and Refund of Bail Money. “An oral request in open court," as I tried last week, will just get you reprimanded. |
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The vibe shift from plea deal to bail refund changed the courtroom completely. |
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The request was met with, "There's no Attorney General deputy here, I don't have a written motion on my desk, and as you very well know…" was the abridged version of the court’s response. |
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If I got that kind of stately reprimand as a seasoned professional who's successfully requested cash bail refunds directly from judges before, what chance does an average cash bail poster have? |
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Cash Bail Forfeitures Now Follow Bail Bond Forfeiture Rules |
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In the bail bond world, we have tools: surrender rights, discharge procedures, and liability protections. But when you post cash, there is no surrender form, no discharge mechanism, no procedural protection, and no “pro se” or “represent yourself” option. So now forfeited bail money requires an attorney to recover. |
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It Wasn't Always Like This |
Not long ago, a simple in-court request was enough. Judges used their discretion, and refunds were routine if defendants returned to court. But now? Cash bail refunds have been bureaucratized and absorbed by multiple agencies. The Attorney General is copied on every forfeiture, and the judiciary fiscal offices issue invoice letters like collection agencies. Nothing moves unless every technical box is checked. |
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The Takeaway |
Cash bail is now the most dangerous, unforgiving form of risk in the bail system. Miss the 30-day deadline — even by one day — and good cause doesn't matter, custody status doesn't matter — you’ve got to file a motion on the record. The cash bail deposit refund process isn’t a formality; it's more like a collections dispute. |
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Final Thought |
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I wrote this jail mail issue as a warning to all readers: cash bails that are forfeited cannot simply be refunded upon request, even if the defendant returns to court. Just like a bail bond, cash bail forfeitures must be petitioned via a motion for return. And how the public is supposed to know this is beyond my comprehension. There's simply no way for a cash bail poster to be familiar with the process of requesting a deposit return. |
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Which leads me to my final conclusion: posting cash bail upfront signs you up for a rigmarole of deadlines and requirements to get your money back. Most people think they're saving money by posting cash directly with the court without the help of a bail agent. Not so fast. Today, never post cash unless you're ready to hire a private attorney to defend it—which means additional costs, stress, and time. |
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Meanwhile, a bail agent charges just 10% to not only quickly get your loved one released, but also handle the forfeiture if the court is missed. |
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That 10% fee starts looking like a bargain when the alternative is navigating a legal maze you didn't even know existed. |
“Mind your money, folks!” |
-Jail Mail Nick |
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What did you think of today's issue of JAIL MAIL |
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