It’s the middle of the night in West Palm Beach. Your phone rings, and the last thing you expect to hear is that your loved one has been arrested. At the jail, you’re told the bond amount set by the county schedule. For most families, coming up with the full cash bail is nearly impossible. Instead, you turn to a bail bondsman, who usually charges 10 percent of the total bail.
Even that smaller portion can mean draining savings, using credit cards, or borrowing from relatives. The relief of seeing your loved one walk free is immediate, but the financial strain is real.
As the case moves forward, another question begins to weigh on you: can you get bail money back once everything is over? Families across Palm Beach County face this question every day. The answer depends on whether you worked with a bondsman, posted cash bail, or used another option available under Florida law.
Understanding how bail money is handled at the end of a case can protect your finances while you deal with the realities of the criminal justice system. Before looking at whether bail money is refundable, it helps to know how bail is first set in Palm Beach County.
In Palm Beach County, the person facing charges (called the defendant) can often post bail immediately after booking because the jail follows a standard bond schedule. This schedule lists preset bond amounts for most common offenses, which allows families to arrange release right away without waiting for a judge.
Even when someone has already bonded out, Florida law requires that every defendant appear before a judge within 24 hours of arrest for a first appearance hearing (Fla. R. Crim. P. 3.130). At this hearing, the judge reviews the probable cause affidavit and decides whether to keep the scheduled bond in place, raise or lower the bond amount, or allow release on the defendant’s own recognizance.
In more serious cases, such as certain violent felonies or probation violations, the preset bond schedule does not apply. In those situations, the defendant must wait until the first appearance for the judge to set bail. The judge’s decision is guided by several factors, including:
In some circumstances, the court may deny bail altogether and order pretrial detention under Florida Statutes § 907.041. Once bail has been determined, families usually have a few different ways to secure release.
When bail is set in West Palm Beach, families generally have three ways to secure release for the defendant:
In some cases, Florida law also allows families to use real estate as collateral, but this process takes longer because the court must verify ownership and value. Each of these choices carries different financial consequences, especially when it comes to whether you’ll get any of the money back.
Whether money is returned later depends on the method used. If you posted cash bail and the defendant appears at every court date, the court will refund the money once the case ends, even if the person is later found guilty. The refund may be reduced if fines, restitution, or court fees are owed.
If you used a bail bondsman, the 10 percent fee is considered payment for the service and is not refundable under Florida law. Even if the case is dismissed or the defendant is acquitted, that money is kept by the bondsman.
When someone is released on their own recognizance, no payment is made, so there is nothing to refund. Even when a refund is possible, many families are surprised at how long it actually takes to receive the money.
Families often expect refunds immediately, but Florida courts typically return bail money only after the criminal trial ends or the case is otherwise resolved. If the defendant is found guilty, the court may use part of the bail to cover restitution or fines.
In Palm Beach County, refunds are usually mailed within about 10 business days after the court discharges the bond, although it can take longer in more complex cases or appeals. In other counties, refunds may take anywhere from two to eight weeks depending on local procedures.
Certain actions can cause bail money to be forfeited entirely:
If bail is forfeited, the court keeps the money, issues a warrant, and the defendant may face pretrial detention moving forward. In limited circumstances, Florida law allows remission of forfeited bail under Fla. Stat. § 903.28. If the defendant is later apprehended or the court decides forfeiture was not justified, part of the bail may be returned.
Earlier, we discussed the first appearance hearing, which happens within 24 hours of arrest and is when a judge first sets or confirms bail. But for families who cannot afford the amount that was set, there is another option: requesting a bond hearing.
A bond hearing is separate from the first appearance. It gives the judge a second opportunity to review the bail decision. At this hearing, your attorney can argue for lowering the bail or for release on the defendant’s own recognizance, while the State Attorney’s Office may argue against it.
During a bond hearing, the judge considers:
After weighing these factors, the judge can reduce the bond, keep it the same, or in some cases add conditions for release. Having guidance from bail bond lawyers or a criminal defense attorney can make a difference when presenting arguments for lower bail.
Bail decisions affect more than whether someone spends the night in jail. They impact finances, court strategy, and how much freedom you have while waiting for your case to move forward. If you need answers about posting bail, bail refunds, or how to approach a bond hearing, Ronald S. Chapman can review your situation.
With more than 34 years of experience representing defendants in West Palm Beach criminal courts, criminal defense lawyer Ronald S. Chapman personally reviews each case. He has a proven track record of standing up for clients in front of judges and juries and has guided numerous clients through Florida’s complex legal system.
Call (561) 832-4348 or use the confidential online form to schedule a meeting with a bail lawyer. We are available 24/7 to discuss your case.
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