There is no better feeling than learning that the prosecutor will not bring your criminal charges to trial. However, you probably wonder what happens and whether you will receive a refund of the money you used to acquire your bail in Las Vegas? And, If yes, how and when. Here is what you need to know.

What Does It Mean that Your Criminal Charges are Dropped?

It means that you do not have to attend any court hearing, at least for now. If the defendant is detained, the police will release them. Nevertheless, the prosecutor can decide to file the charges against you later, making it essential to know the risks.

While dismissed and dropped charges are similar in that cases do not proceed to trial, and the accused person does not face penalties for the alleged crime, the two are different. Both the court and the prosecutor can dismiss a case after charges have been filed. Usually, the decisions are based on a lack of evidence and legal mistakes.

The prosecutor can drop criminal charges after or before filing with a court of law. Charges are dropped as a result of numerous reasons, including:

  • Insufficient evidence — The prosecution team can drop charges if the state evidence against you is not robust enough to sustain a conviction. Or maybe new proof is found that undercuts the prosecutor’s case against you. Your criminal defense lawyer can negotiate with the District Attorney and prosecutor when analyzing police reports and urge that there is no basis for filing formal charges against you based on insufficient evidence.
  • Violation of the 4th Amendment — This amendment to the United States Constitution seeks to protect citizens against illegal searches and seizures by law enforcement agencies. Any evidence unlawfully acquired is inadmissible in court and can result in the prosecutor dropping the charges. One of the ways the police violate this amendment is by searching without a valid search warrant.
  • Procedural issues— Law enforcers should comply with stringent criminal procedures and guidelines when making an arrest, during booking, arraignment, trial, and other court hearings. It implicates areas like the right to legal representation and coerced confessions under the 5th and 6th Amendments to the United States Constitution. Errors in the procedures can lead to the prosecution dropping the charges.
  • Your criminal charges can also be dropped if you are subject to an illegal stop. Before arresting you, the police should have probable cause (reasonable beliefs based on clear facts that the arrest is appropriate). If not, any evidence obtained is inadmissible in court.
  • Insufficient resources — Typically, prosecutors have too many criminal cases than they can handle. Consequently, they can dedicate their resources and time to specific priority cases while dropping minor cases. It is especially true if you were arrested for a minor offense and do not have a prior criminal history.
  • Willingness to cooperate — If you agree to work with the prosecution and the police, the prosecutor can reduce the severity of your penalties or even drop your charges altogether. Perfect examples would be testifying against another defendant, serving as an informant, flipping on your accomplice, or cooperating with the police in collecting evidence against your criminal associate.
  • Also, the victim in the criminal case can decide not to cooperate. If the alleged victim changes their mind, it is pointless for the prosecutor to proceed without more proof.
  • Pre-prosecution program — The court can divert drug offenses, driving under the influence (DUI), or domestic violence into pretrial rehabilitation services. It can be counseling, support groups, educational classes, curfews, paying restitution, community service, and anger management programs. Although the conditions of the diversion programs vary, they often require the defendant to plead guilty, receive a suspended sentence, and enroll in the program. Once you complete the diversion program, the district attorney will drop your charges.

If You Secure Your Release on Bail and Charges are Dropped, Do You Receive Your Bail Money Back?

Bail is the agreement between the court and the defendant. It is neither a fine or punishment. Instead, it acts as an assurance that if released from police custody, you will show up to all your scheduled court proceedings. If you skip bail, the court will forfeit your bail money whether you are innocent or not.

To know whether you will receive a refund, you must understand the difference between bail bond and bail. Bail is the money you post with the court to secure a release. Either you or your loved ones can post it. On the other hand, a bond is the bail amount a seasoned bail bond agent pays on your behalf.

In other words, if you can afford the full bail amount, you can pay the cash bail yourself. If you cannot raise the amount, a loved one can do it on your behalf. If that is not an option, you can contact a bondsman who posts your bail bond after paying a certain percentage of your bail amount (premium).

The court (the sheriff assigned to the case) holds the amount when you post bail. If you attend all court hearings and your charges are dropped, the amount is refunded within weeks. If you skip bail, your arrest warrant is issued, and the court forfeits the amount. The amount the court makes off the bail money is distributed throughout the county and city.

Why You Cannot Receive a Bail Bond Premium Refund

The most common method of posting bail is using a seasoned bail bond agent since your bail amount can be in thousands of dollars or more. You pay your bondsman a given percent of your total bail amount. After paying it, the bondsman will deliver it to court to secure your release.

The premium is non-refundable, and you will not receive a refund of your premium once your case is dropped. Bail bond companies are for-profit businesses that make money by charging clients fees, commonly known as a premium. Typically, the premium is fifteen percent of your total premium. That means if the set bail amount is one hundred thousand dollars, you will pay a premium of fifteen thousand dollars.

Do you still have to finish paying your premium’s payment plan if your criminal charges are dropped?

It is essential to understand that your bail bond is an insurance policy. You still have to pay for your policy when purchasing coverage, even if you do not use it. The same holds with bail bond premium plans. What occurs in your case does not affect the bail bond. You have to complete paying your flexible payment plan within the agreed-upon timeframe.

Otherwise, the bail bond agent will seize the asset you used as collateral or take other legal actions to enforce the debt to them.

Cash Bail Refund

Posting cash bail means paying the entire bail amount to the court. It can be through cash, money order, traveler’s check, cashier’s check, or personal check. Provided the defendant complied with their bail conditions and attended all the scheduled court hearings, they will receive a refund of their bail amount fees once the charges are dropped.

Common bail conditions include:

  • Not possessing weapons and firearms
  • Seeking employment
  • Complying with curfew
  • Adhering to travel limitations
  • Compulsory check-ins
  • Completing court-mandated classes

The court can impose additional fees; do not hesitate to contact the relevant court to learn more about these fees.

To receive a cash bail refund, you need to follow up on the accused’s case and various court dates. Also, mark when the charges are dropped. It helps you know when you should receive a refund.

Usually, the City Finance Department issues a refund of your bail money upon receiving appropriate documentation within two weeks of receiving a court order for the return of your bail. It takes approximately four to six weeks for a check to come to you through the mail. If not, contact the court with the relevant records and inquire from them.

If your charges were filed in a federal court, the court does not automatically release bail once the charges are dropped. You have to bring a petition with the court requesting it to release the amount paid.

Property Bond

A property bond is a form of bail where you give the court security interest in an asset whose worth equals the bail amount. The security interest is the legal right to take or possess property offered by its owner to the secured party. It can be your car, home, antiques, jewelry, and other valuable property.

Once your criminal charges are dropped, the court should release the lien on the asset used as collateral.

Find a Las Vegas Bail Bond Agent Near Me

Some of the common questions asked by most defendants during the bail process are what happens after their criminal charges have been dropped and when they will receive a refund of their bail money. Understanding that it depends on how you posted your bail answers these questions best. Bail money is refunded to the person who posted it. That means if you used a Las Vegas bondsman, you would not have your premium amount back unless you gave additional money as your collateral. If you have more questions, do not hesitate to contact Express Bail Bonds at 702-633-2245. Our friendly and knowledgeable bail bond agents can help to ensure you comprehend what to expect if your charges are dropped and your responsibilities.