Dane County Sheriff's Office

Returning Bail Money

Surety Notification

If you are about to post bond for an individual arrested on a felony or misdemeanor, be advised of the following:

An appearance in court does not guarantee the return of the bond money.
By law, the court MUST apply bond money deposited first towards the payment of any restitution ordered and then to the payment of the judgment.
Disbursement of the bond money posted may not occur until the case has been disposed of and may be held up to 120 days after disposition upon a pending Order for Restitution.
If the money deposited by an individual other than the defendant is applied towards restitution, and/or judgment, the recovery of the money by the surety is a matter between the parties and not the court.
Failure of the defendant to comply with the terms of the bond will result in the court initiating a forfeiture action of the bond deposited.

Misdemeanor: §969.02(6) Wis. Stats. When a judgment of conviction is entered in a prosecution in which a deposit had been made in accordance with sub. (2), the balance of such deposit, after deduction of the bond costs, shall be applied first to the payment of any restitution ordered under §973.20 and then, if ordered restitution is satisfied in full, to the payment of the judgment.

Felony: §969.03(4) Wis. Stats. If a judgment of conviction is entered in a prosecution in which a deposit had been made in accordance with sub. (1) (d), the balance of the deposit, after deduction of the bond costs, shall be applied first to the payment of any restitution ordered under §973.20 and then, if ordered restitution is satisfied in full, to the payment of the judgment.

General Conditions of Bond

A condition of this bond includes, without limitation, the requirement that the defendant appears in person, on the date, and at the time set, in the court having jurisdiction at each court proceeding for which they receive notice. This condition applies until the defendant is discharged on the final order of the court. (See §969.09 Wis. Stats.)

IN THE EVENT THE DEFENDANT FAILS TO APPEAR AT THE TIMES AND PLACES NOTICED, IN ADDITION TO OTHER PENALTIES FOR SUCH NON-APPEARANCE PROVIDED BY LAW, THE CASH DEPOSITED WITH THIS BOND WILL BE FORFEITED AND IN THAT EVENT, NO PART OF THE AMOUNT SO PAID AS CASH DEPOSIT WILL BE RETURNED. IF THE MATTER IS A CRIMINAL CHARGE, A WARRANT FOR ARREST MAY BE ISSUED UPON FAILURE TO APPEAR. PERSONS MAY BE SUBJECT TO A BAIL JUMPING CRIMINAL CHARGE.

The defendant will submit to the orders and process of the court (See §969.09 Wis. Stats.)

Written notice shall be given to the Clerk of Courts of any defendant change of address within 48 hours after such change. Said notice shall be sent to the Clerk of Courts at Dane County Courthouse, 215 South Hamilton Street, Room 1000, Madison, WI 53703-3285, or Fax to (608) 267-8859. (See §969.10 Wis. Stats.)

General Conditions for Persons Charged with a Misdemeanor or Felony

The defendant will neither do, nor cause to be done, nor permit to be done on his/her behalf, any act proscribed as § 940.42 to §940.45 Wis. Stats., and any willful violation of the condition is subject to punishment as prescribed in s. 940.48(3) Wis. Stats. whether or not the defendant was the subject of an order under §940.47 Wis. Stats. (See § 940.49, 969.02, and 969.03(2m) Wis. Stats.)

§940.42 Wis. Stats. Intimidation of witnesses; misdemeanor.
§940.44 Wis. Stats. Intimidation of victims; misdemeanor.
§940.43 Wis. Stats. Intimidation of witnesses; felony.
§940.45 Wis. Stats. Intimidation of victims; felony.

AS A CONDITION OF RELEASE IN ALL CASES, A PERSON SHALL NOT COMMIT ANY CRIME.