For example, a person who pays a bail in cash through a bail network after his bail payment can be released within two to six weeks of completing the process. On the other hand, a defendant who uses property as bail can have the court release someone who has a lien on property. In other jurisdictions, such as federal courts, courts do not release bail when criminal proceedings are closed. Instead, the release of the person who paid the bail may take several weeks or more.
In such jurisdictions the bail payer can submit a so-called petition document to the court requesting the court to release the money to be paid and in some cases property secured by a bail can be released when a lien is placed on the property. In some cases, an accused is released on bail but does not appear as requested by the court or does not fulfil the conditions imposed by the court on the granting of bail and the bail is forfeited. When released on bail, it is common for courts to retain a small deposit as an administration fee or similar fee. In Massachusetts, for example, courts typically retain 40% of the deposit paid.
If, for example, you are arrested and pay a $1,000 cash deposit, you will lose that amount if you miss your court date. The payment of a deposit in your name will also be forfeited if you also miss the court.
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A real estate bond involves a defendant not appearing in court and repossessing or foreclosing the real estate bond. For example, if your father uses his house as collateral for a loan, you may not appear in court, have your father’s house foreclosed and sell it at auction to recover the deposit.