The termination of the obligation of bail is known as “exoneration.” Once the court case has been resolved, whether the defendant is found innocent or guilty, the person who co-signed the bail bond and/or the bail bondsman are no longer financially responsible for the former defendant’s bail and is entitled to receive their deposit back.

Bail exoneration can occur for a number of reasons, not just innocence or guilt, and the court process doesn’t necessarily have to happen at all – some trials end before they even begin.

For example, if a person is arrested on suspicion of committing a crime but it turns out the D.A.’s office doesn’t have enough evidence to proceed to trial, they may decline to press charges, whereby the exoneration process will begin. In other situations, a defendant may make a plea bargain where they agree to plead guilty to lesser charges. Pleas of “no contest” can also lead to bail being exonerated.

If the defendant bailed themselves out and they suffer a judgment that includes a fine, it is possible that this fine is taken out of the bail deposit. It makes sense for the courts to do this for a couple of reasons. The first is that it guarantees that the defendant pays their fine(s). Second, it eliminates the unnecessary handing over of money to the defendant, just for them to have to hand it right back to the courts to pay their fines. However, if money is still owed to the bail bondsman due to payment plans stemming from the bail bond, this money must still be paid.

One thing to be aware of is the difference between exonerating the defendant and exonerating bail. When bail is exonerated it means you or the bail bondsman gets their deposit back from the court clerk. When the defendant is exonerated, it means the charges are dropped and the defendant is no longer suspected of any wrongdoing.

Last but not least, it is possible for bail exonerations to be denied. It can happen when the defendant either violates the terms of their bail or skips bail entirely and fails to appear in court.

Robin Sandoval

Robin Sandoval

Robin Sandoval is a California Licensed Bail Bondsman and owner of SCV Bail Bonds. Robin writes blogs and articles to help increase community awareness of the bail industry. If you have questions or want to suggest a topic, email robin@scvbailbonds.com, visit www.scvbailbonds.com or call 661-299-2245.
Robin Sandoval
Robin Sandoval
Robin Sandoval

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