Wichita Bail Bonds Blog

A bond is a financial guarantee that the defendant will return to court. Once the bond process is complete and the case is resolved, the court determines who is entitled to get the bond money back, if anyone. The answer depends on the type of bond used and the outcome of the case.

Who Pays the Bond Initially?

The person who posts the bond can be the defendant or someone acting on their behalf, often called a cosigner or indemnitor. This person is financially responsible for making sure the defendant appears in court and follows all conditions of release.

• Cash bond – Paid in full by the defendant or another party directly to the court.
• Surety bond – A bail bondsman posts the bond, but the defendant or co-signer pays a non-refundable fee (usually 10%).
• Property bond – Property is pledged by the owner as collateral for the defendant’s release.

Who Gets the Bond Money Back?

After the case concludes, the bond may be refunded. Yet, this only applies in certain cases…

• For cash bonds – The person who paid the bond gets the money back if the defendant attends all court dates and meets the release conditions.
• For surety bonds – The bail bond company does not refund the fee. The 10% premium paid is the cost of their service.
• For property bonds – The property is released if the defendant complies with the court’s requirements. Otherwise, it may be forfeited.

What Happens if the Defendant Misses Court?

If the defendant fails to appear in court or violates bond conditions, the court may declare the bond forfeited. In this case, whoever signed for the bond loses the money or collateral.

• Cash bond – The court keeps the money.
• Surety bond – The bail agent must pay the full bond, and the co-signer may be held financially responsible.
• Collateral – Any collateral (car, home, etc.) may be seized to cover the lost bond.

The person who paid the bond is typically the one who gets it back, if the defendant complies with court orders. In the case of surety bonds, there is no refund, because the fee paid to the bail agent is a service charge. If the defendant violates the terms of release, the person who posted the bond will lose money or property, and may be held responsible for the full bond amount.