Wichita Bail Bonds Blog

When someone is found guilty, the way bail money is handled depends on the type of bond that was posted and how the defendant complied with court requirements. Bail is not a punishment. It exists to make sure the defendant appears for hearings and follows the rules set by the court. Once the case ends with a guilty verdict, the court reviews the bond and decides how the money will be applied or returned.

Cash Bail

With cash bail, someone paid the full bail amount directly to the court or jail. If the defendant is later found guilty, that money does not automatically disappear. Instead, the court checks the defendant’s financial obligations in the case. This can include fines, court costs, restitution, probation fees, or other required payments. The court uses the cash bail to cover those costs first. When all required expenses are deducted, any remaining money is refunded to the person who originally paid the bail.

• The court deducts fines and fees after sentencing
• Any remaining balance is returned to the payer
• Refunds can take several weeks after the case closes

Even though the defendant is found guilty, cash bail is usually still refundable unless the defendant violated bond conditions earlier in the case. If the defendant failed to appear or broke the rules of release, the court may have already forfeited the entire bail.

Surety Bond

A surety bond works differently. When a bondsman posts bail, the defendant or cosigner pays a premium, which is the bondsman’s fee for guaranteeing the full bail amount. That premium is a service charge and is never refunded, regardless of guilt or innocence. Once the case ends, the bonding company releases any collateral if the defendant followed all conditions, attended court, and did not cause a forfeiture.

• The premium is always non-refundable
• Collateral is returned when the case ends without forfeiture
• Violations can lead to loss of collateral

Bond Violations and Forfeiture

If the defendant missed court, violated release conditions, or absconded before sentencing, the judge may order a bond forfeiture. For cash bail, this means the entire amount is kept by the court. For surety bonds, the bondsman must pay the court and may keep or claim collateral from the defendant or cosigner.