Bail money not returned

[Debaser]

@Loach

I have also seen this scenario. Defendant needs bail. Friend shows up with money. Friend doesn’t want to be bothered with paperwork* and hands over the money directly to the defendant as a loan. When court time rolls around defendant pleads guilty to a lesser charge. He tells the court to put the bail money towards the fine. Friend comes around looking for the money and there is no money to be had.

*It also usually means the bailor needs to show up for court when the bailee does. Many don’t want that hassle.

Thanks for that scenario. It’s entirely possible this is what happened to me.

After my experience trying to get a pistol permit with the same cops, I wasn’t inclined to give them the benefit of the doubt.

[Debaser]

@Terr

But in your scenario, the friend is owed money, from the start, by the defendant, not by the court. If he later comes around looking for the money, it definitely can’t be from the court.

Yes. That’s the scenario. The issue is that I doubt this often fully explained to the friend with the money. The cops tend not to be in too helpful of a mood at 3AM while you’re bailing your friend out for his drunken stupidity.

[Terr]

@Debaser

That makes sense. I never have used a bondsman. I always just paid cash.

I remember them telling me automatically that the amount of cash needed was more than you could pull out of an ATM and the bondsman wasn’t available until the morning. It sounded as if that was an insurmountable obstacle to 99% of the people trying to get their friends out. I was glad to have a bunch of cash on me. (I had come prepared.)

If you paid cash to the court (and not to the defendant), and the case was over in Aug 2013, it is a bit ridiculous that you cannot get the money back for this long. Sounds like some kind of backwoods rinkydink place you’re dealing with. I am pretty sure you could sue them in small claims court (if the amount is below thelimit for the small claims court in your state).

[Loach]

@Debaser

After my experience trying to get a pistol permit with the same cops, I wasn’t inclined to give them the benefit of the doubt.

You might want to look into the local law. This is just about the most gun un-friendly state in the union and there is still a constitutional obligation to act on gun requests. If the request isn’t acted on in within a certain time you can go directly to the county judge. If the county judge has to waste his precious time on such routine matters he will find out why and he will not be happy.

[Mama_Zappa]

@Debaser

I’ve bailed people out a few times. You never get the money back in my experience. It’s a scam. They pocket it I think. I’ve always been told you need cash or a bond from a bondsman. I bet the bondsmen get their money back, but I don’t think regular people do unless you are working hard to keep them honest. Get receipts, following up, using a lawyer to try and recover it, etc…

The one time we bailed someone out, we did indeed get our money back - so this is definitely NOT the way things are supposed to be.

To the OP: yeah, you’re getting the runaround. I do hope you have appropriate receipts. Write letters, escalating them up the ladder up to the mayor or whatever governmental entity has oversight over the court system.

[boytyperanma]

@Loach

There are probably a few steps in between that and what has been done so far. It seems the OP has only talked to a low level clerk. How about starting with their boss

It might be skipping a few steps but the attorney general’s office is usually well staffed and you can get faster answers than anyone at a county level. If they think you are skipping steps they’ll direct you to who exactly those steps consist of. If the lower steps don’t respond in a timely manner you go back to the state with your attempts. At that point their time is now being taken up because the county isn’t doing it’s job and the state will demand to know why.

[Loach]

@boytyperanma

It might be skipping a few steps but the attorney general’s office is usually well staffed and you can get faster answers than anyone at a county level. If they think you are skipping steps they’ll direct you to who exactly those steps consist of. If the lower steps don’t respond in a timely manner you go back to the state with your attempts. At that point their time is now being taken up because the county isn’t doing it’s job and the state will demand to know why.

I think just the opposite. The attorney general’s office has bigger fish to fry than what may be just a clerical error. And they are not that well staffed that they will be looking into every minor local problem. It’s like going straight to the Supreme Court to argue a parking ticket. Talking to the head court clerk, the court administrator, the county prosecutor’s office will all come way before going to the AG. The AG only makes sense if you think it’s a corruption problem at the county level and you can bring them some proof.

[jtur88]

@Terr

I. I am pretty sure you could sue them in small claims court (if the amount is below thelimit for the small claims court in your state).

All that will get you is a court judgment. The court has already ruled that your cae has been resolved and you are entitled to the bail money. How are two judgments better than one? You still have the burden to compel the defendant to comply with the judgment.

[Terr]

@jtur88

All that will get you is a court judgment. The court has already ruled that your cae has been resolved and you are entitled to the bail money. How are two judgments better than one? You still have the burden to compel the defendant to comply with the judgment.

Well AFAIU, with the small-claims court judgement in hand, you can use your local sheriff to collect the payment. You can also execute a bank levy or place a lien on the real estate the defendant (court?) owns. Fun stuff when used against the courthouse.