362) If I post bond in cash will I get it back? ~ #HaberPA Miami Criminal Defense DUI DV VOP Lawyer
Channel: Michael Haber
Date: 2020-04-20

Thanks for asking me “If I post bond in cash will I get it back?”

If you post bond and the case is closed without incident then the bond is discharged, without penalty.  If a surety / bondsperson was employed then anything that guaranteed the collateral - be it cash, a credit card, personal property or a lien on either personal or real property - should immediately be refunded or returned to the guarantor.  But when it comes to a bond that was posted in cash then the rules are different.  

F.S. 903.286 (entitled: "Return of cash bond; requirement to withhold unpaid fines, fees, court costs; cash bond forms") is a mechanism that guarantees that if there are any outstanding monies owed to the Court - be them costs of prosecution, costs of representation, court fees, court costs, and criminal penalties - then "the clerk of the court SHALL withhold from the return of a cash bond posted on behalf of a criminal defendant by a person other than a bail bond agent licensed pursuant to chapter 648 sufficient funds to pay any unpaid costs of prosecution, costs of representation as provided by ss. 27.52 and 938.29, court fees, court costs, and criminal penalties." 

So if any of these monies are owed to the Court (not including restitution or probation monies) then after the case is closed those outstanding and assessed court costs, PD fees and ASA surcharges will be taken from a cash bond. 

So if any of these monies are owed to the Court (not including restitution or probation monies) then after the case is closed those outstanding and assessed court costs, PD fees and ASA surcharges will be taken from a cash bond. 

So, for example, if you post a $1,000.00 cash bond for me in my DUI case and I wind up getting a breakdown to a wet reckless but have to pay $350.00 in court costs and a $50.00 PD fee from my initial appearance then some time down the pike you’re only getting a $600.00 refund from the Clerk.  Had you used a surety then you’d’ve paid a $100.00 premium (or fee to the bondsperson) but that’s all that you’d be out as sureties are exempt from F.S. 903.286.  That said...

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Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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