Facing an arrest is a worrying situation for many reasons. So, the last thing you need is the added stress of legal confusion. While posting bail via a licensed bondsman is the best way to
secure a quick release from custody, it does mean you’ll have to learn several new terms. The term exonerated bond is one of the most daunting. In truth, though, the exonerated bond meaning is pretty simple to understand.
So, what does it mean when a bond is exonerated and what do you need to know about the term as a defendant or co-signer working on behalf of a loved one? Balboa Bail Bonds is here to explain all.
What does “bond exonerated” mean?
Before considering the bond exonerated meaning, it makes sense to look at the term “bail exonerated”. Posting bail in California is completed as per the regulations of CA Penal Code 1297. However, the surety is exonerated when the defendant is no longer liable or obligated to pay bail. This happens once the criminal process has reached its conclusion.
When bail is exonerated, the bail fees that have previously been paid by the defendant are returned by the courts. Once the process has been finalized, your financial obligation to the courts has officially ended.
Once you understand the bail exoneration process, it becomes very easy to answer “What does bail bond exonerated mean?” too. Fundamentally, it means the same as bail exoneration, except the bail fees are returned to the licensed bail bondsman who posted bail on your behalf.
Exonerated bond meaning: when does a bond become exonerated?
As with bail exoneration, a bail bond is exonerated once the bondsman is no longer required to pay bail on behalf as a result of the criminal procedure reaching a suitable conclusion in which funds can be returned.
Exoneration can occur for all types of bail bonds and may happen due to any of the following;
- The trial process has finished.
- The case is dismissed because of a successful motion to suppress evidence or in the interests of justice.
- A defendant is deemed mentally incompetent to stand trial.
- A defendant pleads guilty, meaning a trial is not required.
- The bail bondsman surrenders the bond and returns the defendant back to the courts.
- The courts decide to put a defendant on a drug diversion program.
It should also be noted that the verdict of the trial has no impact on the bail bond exoneration process. The financial obligation of the surety agreement is a separate entity from the criminal procedure itself. Whether the defendant is found guilty or innocent, bond exoneration will occur once the requirement for bail is no longer needed.
Bond exonerated meaning: why might the bond not be exonerated?
By now, it should be clear that bail bonds are exonerated as long as you complete the legal process as agreed. Even if you are subsequently found guilty of a crime, the bail obligation will end and funds can be returned to the bondsman. Nevertheless, there are several situations in which bond exoneration may not occur.
The two most common issues are as follows;
- The defendant still has some charges hanging over their head, even if they have been acquitted of one or more charges.
- Court hearings or other bail conditions were violated by the defendant, meaning the courts keep the bail fee rather than returning it to the bondsman.
If you are guilty of the second point, the bail bondsman can take action to recover their expenses from you. Moreover, the end of the bail agreement also means that you must return to
custody until the trial date.
What happens if felony revocation occurs?
Sometimes, the California justice system will impose a probation sentence instead of a custodial one for certain felonies. However, if the defendant subsequently violates their probation terms, the probation sentence is revoked and the original felony sentence is restored.
While this outcome could see a defendant face imprisonment, it does not impact the bond exoneration process. Assuming that court hearings before the probation violation were completed as agreed, bail will still be exonerated at the conclusion of the trial.
Does bond exoneration mean my premium will be returned?
Another potential point of confusion is what happens to premium payments after a bail bond is exonerated.
The easiest way to explain this is to separate your premium payment from the bail fee itself. While the premium is calculated as a percentage (usually 10%) of the total fee set by the judge at your bail hearing, it is a separate transaction relating to the bondsman’s services. In other words, you pay them a service charge in return for them taking financial and legal responsibility for your subsequent court appearances.
Therefore, your payments to the bail bondsman are not returned even if the bond is exonerated. However, you also do not have to worry about court fees or delays in having your funds returned. Similarly, it turns a five-figure financial exposure into a four-figure one.
While bond exoneration does not directly impact your finances, you must pay attention to it. After all, if the bail bondsman fails to receive their money back as a result of your actions, you should expect to face further action. It is best to treat the process with the same level of responsibility that you would if you had posted bail with your own cash.
The final word on bond exoneration meaning
Ultimately, bond exoneration simply means that the financial obligation to the courts has ended because the defendant has kept to their end of the agreement by satisfying the terms of bail. They are no longer deemed a flight risk and have completed the criminal process to a suitable conclusion. Therefore, confirmation that the bond has been exonerated and funds have returned to the bondsman is a positive.
While it does not impact the outcome of the criminal case, it does mean that the only remaining financial obligations relate to the payment of the premium to the bondsman. At Balboa Bail Bonds, our flexible repayment plans remove the stress from this situation too. So, as long as you plan to satisfy the terms of bail, you can enter the bond process with 100% confidence before turning your attention to defending yourself in court.
Tags: Understanding the Exonerated Bond: A Comprehensive Explanation