When your bail is released, it implies that your financial responsibility to the court is fulfilled. This can be a tremendous comfort for you and your loved ones because you won’t have to worry about bail being forfeited. However, bail bond exoneration does not relieve you of all your responsibilities as a defendant.
After being released from jail and while the matter is active, you must attend all compulsory court sessions. If you do not comply, the court may revoke your bail. That means the court will not return the money you paid, and you will be required to pay the remaining bail amount to a bail bond business.
This post explains what it means to be exonerated. Let’s find out what being bail bond exonerated entails.
Bail Bond Exonerated: Meaning and Examples
When bail is exonerated, it implies that the defendant’s case has been resolved, and the court will release their bail bond. This removes the guarantor from the risk of forfeiting the bond to the court. In most circumstances, the guarantor is a member of the defendant’s family or a bail agent.
But what does bond exonerated mean?
The expiration of bail is referred to as “exoneration.” Once the court case is concluded, whether the defendant is proven innocent or guilty, the person who co-signed the bail bond and/or the bail bondsman are no longer financially liable for the former defendant’s bail and are entitled to their deposit back.
What is the process of getting a bail bond exonerated?
The procedure begins when either side decides to terminate proceedings in a criminal trial for a variety of reasons. For example, the prosecuting attorney may decide not to prosecute due to insufficient evidence, or both sides may agree on lesser charges prior to trial. Defendants may choose to enter an early guilty plea, which compels them to plead guilty at arraignment but eliminates the need to wait for trial.
Regardless of the reason, when a trial finishes without a conviction, the defendant is freed, and their bail bond is canceled.
Reason for Bail Bond Exonerated
Bail exoneration can arise for a variety of reasons other than innocence or guilt, and the judicial procedure is not required at all; some trials finish before they even begin.
For example, if a person is arrested on suspicion of committing a crime but the D.A.’s office discovers that there is insufficient evidence to continue to trial, they may decline to pursue charges, triggering the exoneration process. In other cases, a defendant may strike a plea deal in which they agree to plead guilty to lower charges.
If the defendant bonded themselves out and received a judgment that included a fine, the fine may be deducted from their bail deposit. There are several reasons why the courts should do this. The first is that it ensures the defendant pays the fine(s). Second, it avoids the need to hand over money to the defendant only to have them return it to the court to pay their penalty. However, if money is still outstanding to the bail bondsman due to payment schedules based on the bail bond, it must be paid.
It’s important to understand the distinction between exonerating the defendant and exonerating bail. When bail is exonerated, you or the bail bondsman receive their deposit back from the court clerk. When a defendant is exonerated, the charges against him are dismissed, and he is no longer suspected of any wrongdoing.
Finally, bail exonerations can be denied. It can occur when a defendant breaches the terms of their bail or skips bail altogether and fails to appear in court.
Responsibilities after Bail Bong Gets Exonerated
You cannot avoid court appearances simply because your bail has been released. In a criminal case, the accused may be scheduled for multiple hearings. These can include an arraignment, a preliminary hearing, and a trial. Having the defendant participate in every stage of their case promotes a fair judicial system.
If your loved one fails to appear in court as planned, they are not answering for the claimed offense and are denying themselves the fundamental right to confront their accuser. Bail guarantees that legal rights are upheld by providing an incentive for the accused to attend court appearances.
The court keeps the bail money you pay while the case is pending. If your loved one fails to appear in court, the court will keep the money. That might be hundreds of dollars that you do not receive back. If you used an agency for aid posting bail, you would be liable for paying the whole bail amount to the corporation rather than the 10% premium charged for its services.
Additionally, if your loved one fails to appear, the court may arrest and return them to jail. They may not be eligible for a second bailout. They may potentially face extra charges, solitary imprisonment, and penalties.
Bail is waived at the conclusion of the criminal case, providing that your loved one appears in court as scheduled. Thus, neither you nor your loved one are threatened with bail forfeiture. You are also no longer obligated to pay the remaining 90% of the bail money to the bail bonds firm.
Final Thoughts
A bail bond is exonerated once the legal process/trial is completed. It makes no difference whether the defendant is judged guilty or innocent or if the case has been dismissed. At this point, the bail bond is discharged. However, any unpaid premiums, fees, or other charges imposed by the bail service provider are still owed.
At Midwest Bail Bonding, we strive to make it as simple and quick as possible for you to get your loved one’s bail. Reach out to us if you want to know more about bail bonds in Minnesota.
