BY | April 8, 2024

When someone is arrested, they may be required to post bail, which is a financial agreement between the defendant and the court that acts as a guarantee for their court appearances. Provided the defendant attends all court dates, the bail bond may become an “exonerated bond.” What does it mean when a bond is exonerated? Let's help you understand it.

Understanding Exonerated Bonds

An exonerated bond refers to the release or absolution of the bail bonds after a defendant has fulfilled all of their court obligations. When someone is granted bail, a bail bond agency will typically cover the full bail amount on their behalf, and the defendant pays a percentage of the total as a non-refundable fee. 

This total percentage is no more than 10% of the full bail amount, and once the defendant attends all required court appearances and the case reaches a satisfactory conclusion, whether it's through dismissal, guilty plea, or acquittal, the court will then exonerate the bond. This means the bail bond agency will get their full bail amount back.

The Meaning of Bond Exoneration

Bond exoneration means the bail bond agency gets their full bail amount back, but the defendant does not get their fee returned. The outcome of the case will not affect whether the bond is exonerated, but as long as the defendant complies with all bail conditions and appears for their court dates, the bond is exonerated at the end of the legal process. 

However, the only exception to this rule is if the defendant pleads guilty at the arraignment without going to trial. In this case, the prosecution can contest the plea and demand a new trial. In this case, the exoneration process would start all over again. Bond exoneration signifies the end of the defendant's financial obligation to the court, and the bail bond agency gets their money back, but the defendant does not recover the fee they paid upfront. 

The fee is capped at 10% as per California law, but the bail bondsman may choose a lower percentage, typically between 7% and 10% of the total bail amount. For example, if the bail amount was set at $50,000, this means 7% of $50,000 would mean the defendant paying $3,500, 8% equates to $4,000, 9% being $4,500, and 10% is $5,000.

Explaining Exonerated Bail Bonds

An exonerated bond refers to the release or absolution of a bail bond after a defendant has fulfilled their obligations in court, regardless of the outcome. If a defendant has posted cash bail, the full bail amount is returned to them. However, if the defendant used a bail bond agency, the bail bondsman gets their full bail amount back, and the defendant's financial obligations end with the exoneration, except for any court-ordered fines or fees that may still need to be paid. 

If the defendant fails to appear in court or violates bail conditions, the bond may be revoked, and the defendant could face further charges and even be placed under arrest. For the person who posted the bond, non-compliance can result in the loss of the collateral or the full bail amount they pledged.

Do I Still Have to Pay if Bail is Exonerated?

When a defendant is exonerated and they have posted cash bail, which is the full bail amount using their own money, the full bail is returned to the defendant, and they do not have to pay anything further. However, if the defendant used a bail bond when the bail is exonerated, the bail bond agency gets their full amount back from the court, and the defendant does not get the fee they paid to the bail bond. 

This fee is kept by the agency as their payment for providing the service. The only exception is if the defendant's bail was used to cover any fees or fines imposed by the court as part of the case outcome, and in these instances, the defendant may still have to pay those amounts even after the bond is exonerated.

Bond Exoneration: Felony Revocation Explained

Felony revocation occurs when a person who is on probation for a felony offense violates the terms of their probation, and the court decides to revoke the probation and impose the original felony sentence. Probation is a common sentence for felony offenses in California, where the defendant is allowed to serve the sentence in the community under certain conditions rather than being incarcerated. 

If the person on felony probation violates the terms of their probation, for example, not meeting certain conditions or committing a new crime, the court can hold a probation revocation hearing where the court will determine if the probation violations are proven, and if so, the court revokes the probation and imposes the original felony sentence, which is typically a term of imprisonment. 

In relation to a bond exoneration, as long as the defendant complied with the bail conditions and appeared for required court dates prior to the probation violation, the original bail bond would still be exonerated at the conclusion of the case. The outcome of the felony case, including any revocation of probation, does not impact whether a bail bond is exonerated, but only if the defendant meets the bail requirements. The only exception is if the defendant pleads guilty at the arraignment without going to trial, in which case the prosecution can contest the plea, and the exoneration process can restart.

Decoding the Meaning of Exonerated Bonds

To summarize, bail exoneration refers to the release or the absolution of a bail bond after a defendant has fulfilled all of their court obligations. A bond is exonerated once the defendant attends all required court appearances and the case has reached a conclusion, regardless of the outcome. 

The only exception is if a defendant pleads guilty at the arraignment without going to trial. Bail bond exoneration marks the conclusion of the defendant's financial commitment to the court, regardless of the case outcome, and in any case, ensuring the defendant complies with the entire process is essential to guarantee an exonerated bond.