Exoneration of Bail and Penal Code Section 995 Ruling
Exoneration of bail is the termination of the obligation of bail. Generally, once bail has served its purpose in the criminal court the depositor or the surety of the bond is relieved of the obligation and is entitled to return of the deposit. Where a Penal Code Section 995 motion is granted by the court in a felony case as to all criminal charges, the court must order bail exonerated within 15 calendar days after the charges are dismissed by the court. If the defendant is then recharged by the Government within the 15 day period with a criminal offense arising from the same set of facts that gave rise to the dismissed charges, the bail must be applied to the new offense charged. If you are arrested or charged with a felony, contact Christine McGuire, the Santa Cruz Criminal Defense Attorney/Lawyer, Santa Clara County Criminal Defense Attorney/Lawyer.