Title 28, Judiciary and Judicial ProcedureRelease 119-102
§2044 Payment of Fine with Bond Money
Title 28 › PART V — PROCEDURE › CHAPTER 129 — MONEYS PAID INTO COURT › § 2044
Summary
When the U.S. attorney asks, the court must transfer bond money a defendant put up for trial or appeal to pay any assessment, fine, restitution, or penalty, and cannot return the money after guilt and before sentencing unless no payment is possible or return would cause undue hardship; doesn't apply to people who posted bond.
Full Legal Text
Title 28, §2044
Judiciary and Judicial Procedure, Source: USLM XML via OLRC
On motion of the United States attorney, the court shall order any money belonging to and deposited by or on behalf of the defendant with the court for the purposes of a criminal appearance bail bond (trial or appeal) to be held and paid over to the United States attorney to be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant. The court shall not release any money deposited for bond purposes after a plea or a verdict of the defendant’s guilt has been entered and before sentencing except upon a showing that an assessment, fine, restitution or penalty cannot be imposed for the offense the defendant committed or that the defendant would suffer an undue hardship. This section shall not apply to any third party surety.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 180 days after Nov. 29, 1990, see section 3631 of Pub. L. 101–647, set out as a note under section 3001 of this title.
Reference
Citations & Metadata
Citation
28 U.S.C. § 2044
Title 28, Judiciary and Judicial Procedure
Last Updated
Aug 21, 2026
Release point: 119-102