When Do I Get Back My Bail Bond?

by on December 28, 2009

In Northern Kentucky, bail is initially set by the District Judge generally a few hours after the arrest of a criminal defendant. The bail is generally based on the seriousness of the charges and the court also considers the criminal history and ties to the community in determining the amount of bail. Bail is used to assure that a defendant will return for all court hearings. If the Defendant fails to appear for court, the bond may be forfeited.

If the bond is a straight cash bond, it will be returned to the surety – the person who posted the bond – at the conclusion of the case. Most courts also make sure that if there is a conviction all fines are paid prior to return of the bond.

In some cases the Court will accept a percentage bond, instead of a full cash bond. For example, if the bond is set at $5,000 at 10%, you will only post $500. If a percentage bond is posted, the Clerk will keep 10% of the amount posted before returning the balance.

In Northern Kentucky, many attorneys will accept a bond assignment as a portion of their fee. Assigning your bond gives your right to the refund to the attorney to whom it is assigned. If you assign the bond, the attorney will receive that money after the case is concluded.

If you have questions about bail bonds or underlying criminal charges, contact Michael Bouldin at the Bouldin Law Firm can be contacted at 859-581-6453 or mike@nky-criminal-defense-lawyer.com.

{ 12 comments… read them below or add one }

Russell Callaham June 28, 2010 at 9:03 pm

How is the cash bond returned? Will it be mailed to me, or do I instead have to visit the courthouse to retrieve it?

Thanks in advance,

Russell

Russell Callaham July 9, 2010 at 2:47 pm

Just to confirm, if anyone else lands on this site, I did receive my refund check in the mail apprx. 2 weeks after the defendant showed in court. Just an FYI.

mbouldin July 12, 2010 at 9:34 pm

Sorry I didn’t answer sooner. Most counties do require you to come and personally retrieve the bond. Glad you got yours.

Jennifer Yates January 19, 2011 at 10:50 am

Is there a time limit you have to retrieve your bond money after a conviction?

mbouldin January 25, 2011 at 3:47 pm

No. You can retrieve your bond at any time after paperwork is processed by clerk (usually the next day). They may not release the bond if there are outstanding fines/costs. I’ve received bond assignments 5 years after the case was completed.

mbouldin March 23, 2011 at 7:12 pm

You can go to the final sentencing and request it back. It is generally released to the surety (if you posted it in your own name you will get it back) after sentencing. If you posted it in his name, it will be returned to him. Also, in Kentucky many attorneys take a bond assignment to assure payment. If that is the case, the attorney will first get his money.

Terri Reese January 8, 2013 at 10:21 am

My brother was placed on 3 year deversion. It is over next month. He was charged but, not convicted. When his deversion is over, how would I go about getting the money back from Campbell county? I thought I paid it in Newport though. I’m don’t remember if I posted in my name or his.

mbouldin January 10, 2013 at 6:05 pm

If it is in his name, it will go to him. If in your name, go to the clerk with your receipt the day after the case is concluded. The clerk will give you a check unless other problems.

Leia February 8, 2014 at 4:15 pm

Federal bonds are regulated by the Federal Government while bail bonds are regulated by the State in which the bond is executed.
If you do not post bond, it can take weeks, and you are in jail the entire time.

Michael Bouldin February 10, 2014 at 10:32 am

Bail bonds are not generally returned until the case is complete. They are to assure the appearance by the defendant at each stage in the proceeding. Kentucky does not recognize bail bondsmen as opposed to Ohio and many other states. The bond is returned to the surety after the case is over and all conditions have been met. Generally, the bond will not be returned in full unless all fines, fees and restitution has also been paid.

lincoln county missouri bail bonds August 11, 2014 at 2:41 am

I was very happy to find this site. I need to to thank you for your time just for this fantastic read!!
I definitely enjoyed every part of it and i also have you bookmarked to see new information in your site.

Michael Bouldin August 11, 2014 at 12:48 pm

Thank you for your interest.

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