bond money

Legal FAQ: Bond Money

FAQ: Bond Money

If I post money for bond, will I get the money back when my case is over?

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Yes and no. Once the case is over, the court clerk will send the money to whoever posted it. However, the court will often deduct court costs and any restitution the defendant owes from the bond money before returning it to the poster. Also, if the defendant violates any conditions of bail, the State may ask the judge to forfeit any bond money that has been posted.

Judges will often grant the State’s request to forfeit the bond money unless the defendant can show that the defendant did not intentionally violate the conditions of bond. For example, if the defendant misses a court appearance that would constitute a violation of bond, because a condition of bond is that the defendant appear at all court dates. The State may then ask the judge to forfeit the defendant’s bond for failing to appear for a court date. However, if the defendant can show that his or her car broke down and the defendant was therefore unable to appear in court, the judge would likely deny the State’s request to forfeit the bond. This is because a judge will not likely forfeit the bond money if the defendant’s failure to appear in court was not intentional.

For more information, see: “What is Bail in Wisconsin?”

 

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