Do You Get Bail Money Back in California?

It depends on how bail was paid. If you paid the full bail in cash to the court, you can generally get it back after the case ends and the bail is exonerated, though money the defendant deposited can first be applied to fines and restitution. If you used a bail bond, the premium you paid the bail agent is not refundable, but any collateral you pledged must be returned once the bond's obligations are discharged.

Below is what to expect for each, and how to actually get your money or collateral back.

First, what "exonerated" means

You will hear the word "exonerated" a lot. When bail is exonerated, the court releases it. The promise that the defendant will appear is no longer needed, usually because the case has ended. Exoneration is the event that unlocks refunds of cash bail and the return of collateral on a bail bond.

Bail is generally exonerated when the case is resolved, such as when charges are dismissed or the defendant is sentenced. It can also be exonerated in other situations, such as when the defendant is taken back into custody. If you are not sure whether bail has been exonerated in your case, the defense attorney or the court clerk can tell you.

Getting cash bail back

If someone other than the defendant paid

California Penal Code section 1297 covers this. When a friend or family member deposited the cash, the court returns the money within 10 days after that person claims it by submitting their receipt. If no one claims it within 10 days of exoneration, the court clerk must notify the depositor that bail was exonerated.

That is why the receipt matters so much. When you pay cash bail, the receipt is issued in your name. Keep it somewhere safe for the whole case.

If the defendant paid

When the defendant is the one who deposited the cash and a fine is imposed, section 1297 says the court applies the deposit to it. Restitution to the victim or the Restitution Fund, fines, and costs are paid first, and any surplus goes back to the defendant. So if the defendant posted their own cash bail, they may get back less than they put in.

Steps to get your refund

1. Confirm with the attorney or court clerk that the bail has been exonerated.
2. Find your original receipt from the deposit.
3. Contact the clerk's office of the court handling the case and ask how they process bail refunds. Procedures and forms vary by court.
4. Make sure the court has your current mailing address.

When cash bail is not returned

If the defendant misses court, the cash can be forfeited. Under Penal Code section 1305, California generally allows 180 days (plus five days when notice is mailed) to fix a forfeiture, for example by the defendant appearing in court. If it is not fixed in time, the money can be lost.

Bail bond premiums are not refundable

When you use a bail bond, you pay the bail agent a premium. In California, premiums are typically 10% of the bail amount, based on rates filed with the California Department of Insurance, and payment plans are available.

The premium is the fee for the bail agent and surety taking on the risk of the full bail amount. The California Department of Insurance says plainly that premiums are nonrefundable, even if charges are dropped or never filed. It does not come back when the case ends, because the service, getting the person out and guaranteeing their appearance, has been provided.

For more on pricing, see how much a bail bond costs in California. This is the biggest difference between a bail bond and cash bail.

The exception: early surrender by the bail agent

There is one important situation where premium must be returned. Under California regulation 10 CCR section 2090, a bail agent generally may not surrender a defendant back to custody before the time stated in the bond without returning all premium paid. The agent may keep certain allowed out-of-pocket expenses only if the risk became substantially greater, for example because information was concealed or misrepresented. The regulation also says that a new arrest, or a co-signer's request, is not by itself enough reason to keep the premium. Unless the agent can show the risk actually and substantially increased, all premiums and expenses must be returned.

When an agent surrenders a defendant early, the agent must tell the defendant about the right to ask the court to decide on the premium refund under Penal Code section 1300(b).

No renewal premiums

The California Department of Insurance also notes that charging a renewal premium has been illegal since January 1, 2022. Your premium should not be charged again just because a case drags on.

Getting your collateral back

Some bail bonds are secured with collateral, such as a vehicle title, a deed of trust on property, or cash. The rule for returning collateral is in 10 CCR section 2088.2.

• Collateral must be returned to the person who deposited it, or their assignee, once the obligation it secured has been discharged.
• Collateral on a bond must be returned immediately once a court order ends liability on the bond.
• If you ask, the bail agent or surety has a duty to promptly determine whether the obligation has been discharged.

The California Department of Insurance also notes that "collateral or liens are not released until after the bail has been paid and the case is settled." In practice, if you are on a payment plan, ask your bail agent whether the collateral will be held until the balance is paid.

Steps to get your collateral back

1. Confirm the bail has been exonerated. Ask the attorney or court clerk, or ask your bail agent to check.
2. Make sure any remaining premium balance is paid.
3. Contact your bail agent in writing and ask for the collateral to be returned. Keep a copy of your request.
4. For a deed of trust on real estate, make sure the release (reconveyance) is actually recorded, so the lien comes off your property records.

If a bail agent will not return collateral after exoneration, you can contact the California Department of Insurance. CDI's Consumer Hotline is 1-800-927-4357, and complaints can also be filed through CDI's Consumer Help page at insurance.ca.gov.

Property bonds

If real estate was pledged directly to the court as a property bond, the lien does not disappear on its own when the case ends. Orange County Superior Court's instructions, for example, say the court must first order the property bond exonerated, and then an order withdrawing the lien and a deed of full reconveyance have to be recorded with the County Recorder. Check with the court handling the case for its exact process.

Quick summary

• Cash bail, paid by family: Returned after exoneration when you claim it with your receipt.
• Cash bail, paid by the defendant: Restitution, fines, and costs can come out first.
• Bail bond premium: Not refundable, except when a bail agent surrenders the defendant early without sufficient cause.
• Collateral: Returned once the obligations it secured are discharged.
• Missed court: Cash, collateral, or property can be at risk until the forfeiture is resolved.

For more on how the process works from the start, see how bail works.

This article is general information, not legal advice. For questions about your case, talk to a criminal defense attorney.

Need help now?

Have questions about premiums, payment plans, or collateral before you sign? Ask us anything. OnCall Bail Bonds' licensed agents answer 24/7, in English and Spanish, and you can sign paperwork from your phone. Call (951) 339-3801, contact us online, or start bail online.