# Courthouse won't give my bail back. What do I do? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [March 28, 2011, 3:54pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270 "2011-03-28T15:54:15Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![kwc27](https://avatars.discourse-cdn.com/v4/letter/k/ccd318/32.png) [@kwc27](https://boards.straightdope.com/u/kwc27)\ **Post date:** [March 28, 2011, 3:54pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/1 "2011-03-28T15:54:15Z")
I have a friend, and not a very close friend, who has made some very bad choices. He went and got a 3rd dui. I was the only person he knew who had money to speak of so I bailed him out to the tune of $500. As I said, he’s not very smart. On the condition of being out on bail, he was supposed to be on 24/7 and blow twice a day at the sheriff’s office. He wasn’t supposed to drive, but he drove right up the the cop shop and walked in. They found out he wasn’t supposed to be driving and put his ass in jail again. I went to watch the hearing and the judge, who is a notorious hardass, totally revoked my bail. The court services officer said just a simple letter will do and the clerk of courts said I would have to write a motion. When I asked them how to write a motion, they said “talk to a lawyer.” Bullshit, I’m already in this $500 and that’s all the help they’ll give me. I don’t see why I should get stuck with this deal just for being a good friend. So what I’m asking for here is a general format on how to write a motion, or any other advice. I’m in South Dakota btw. Thanks in advance. ---
**Author:** ![jharvey963](https://avatars.discourse-cdn.com/v4/letter/j/54ee81/32.png) [@jharvey963](https://boards.straightdope.com/u/jharvey963)\ **Post date:** [March 28, 2011, 3:58pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/2 "2011-03-28T15:58:24Z")
Check out [Nolo Press](http://www.nolo.com/). They have a lot of do-it-yourself legal stuff. J. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [March 28, 2011, 4:20pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/3 "2011-03-28T16:20:35Z")
> [@kwc27](#): > > I went to watch the hearing and the judge, who is a notorious hardass, totally revoked my bail. Revoking his bail is not being a hardass. Your “friend”(:dubious::rolleyes:) is guilty of bail jumping (not obeying terms of release is considered bail jumping in most jurisdictions). Locking his ass back up was a totally appropriate decision. > [@kwc27](#): > > When I asked them how to write a motion, they said “talk to a lawyer.” Bullshit Sorry, but this is not bullshit. Both ethically and under the law they are not allowed to give you legal advice. I know my post is harsh, but please consider what is happening to you as an important life lesson. Your so called friend is an idiot, an asshole, and a substance abuser. Posting his bail is the equivalent to betting on a 3 legged horse in the Kentucky Derby. If you do manage to get your money back cut ties with this psychic vampire and don’t so much as give him change for a parking meter. ---
**Author:** ![The\_Man\_In\_Black](https://avatars.discourse-cdn.com/v4/letter/t/bcef8e/32.png) [@The\_Man\_In\_Black](https://boards.straightdope.com/u/The_Man_In_Black)\ **Post date:** [March 28, 2011, 4:29pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/4 "2011-03-28T16:29:29Z")
I think you do not understand the point of the bail money. It is (in part) insurance that the person in question will show up and do as instructed. Him not doing so pretty much means the bail is forfeited. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [March 28, 2011, 4:42pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/5 "2011-03-28T16:42:51Z")
> [@The\_Man\_In\_Black](#): > > I think you do not understand the point of the bail money. It is (in part) insurance that the person in question will show up and do as instructed. Him not doing so pretty much means the bail is forfeited. If the defendant has skipped town that would be true, but it sounds like he’s been locked back up. In that case, the bail money may be recoverable. But it depends on state law and the particular circumstances of the case. ---
**Author:** ![Gary\_T](https://avatars.discourse-cdn.com/v4/letter/g/3ec8ea/32.png) [@Gary\_T](https://boards.straightdope.com/u/Gary_T)\ **Post date:** [March 28, 2011, 4:49pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/6 "2011-03-28T16:49:29Z")
> [@kwc27](#): > > I don’t see why I should get stuck with this deal just for being a good friend. Yet everyone else, on seeing whom you’re being a good friend to and what your friend has done, sees exactly why you should get stuck with it. You’re not being penalized for being supportive and helpful to your friend. You’re being penalized for having made an official guarantee to the court about how your friend would act, in conjunction with his not acting as prescribed. In essence, **YOU** (not he) promised to pay 500 if **HE** (not you) failed to do something. He failed, you pay – simple. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [March 28, 2011, 4:51pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/7 "2011-03-28T16:51:46Z")
You can save the lawyer fee, it appears your money is gone. See below. Interesting. I did not know this. So…if you put up (say) $ 50,000 to ensure someones appearance and his bail has behavioral conditions, and he violates the behavioral conditions (but does not leave the area or present a flight risk), the entire bail you put up is forfeit if he misbehaves. Wow. This makes putting up a person’s bail 10x riskier than I thought it was. [Who can revoke a bail bond](http://www.ehow.com/about_4696800_can-revoke-bail-bond_.html) > [@](#): > > Significance > When a bail bond is revoked and the defendant is sent back to jail, the bond fee has to be paid due to the defendant’s violation of the stipulations in the contract of the bond…or due to him engaging in illegal activities while out on bond. The bail bond has to be paid. The person that put up bond, the indemnitor, loses anything of value that he has promised on the defendant’s behalf as part of the bail contract ---
**Author:** ![MikeG](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mikeg/32/4329_2.png) [@MikeG](https://boards.straightdope.com/u/MikeG)\ **Post date:** [March 28, 2011, 4:57pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/8 "2011-03-28T16:57:13Z")
So the friend is in jail and cost you $500? I’d be at his place getting $500 worth of goods. ---
**Author:** ![enigmatic](https://avatars.discourse-cdn.com/v4/letter/e/898d66/32.png) [@enigmatic](https://boards.straightdope.com/u/enigmatic)\ **Post date:** [March 28, 2011, 4:57pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/9 "2011-03-28T16:57:34Z")
It’s tough that you got stuck with this for trying to be a friend (even if you seem to be doing so for someone who _really_ doesn’t deserve it) but Gary T has it right. The court doesn’t owe you $500, your “friend” owes you $500. Just out of interest though, did you know that he was still driving? ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [March 28, 2011, 4:58pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/10 "2011-03-28T16:58:54Z")
> [@kwc27](#): > > I don’t see why I should get stuck with this deal just for being a good friend. Because the courts couldn’t give a rats ass where the bail money came from. Whatever deal you made with the defendant is between you and him, not the court. Bailing someone out is a tricky proposition. It should be given great thought before doing so. After reading your OP about the charge (3 time loser) and your weak relationship with the offender, I wouldn’t have given this bum 2 cents from the leave a penny jar at the local convenience store. But what’s done is done. I would advise not doing it again. At least for this shithead. ---
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [March 28, 2011, 5:01pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/11 "2011-03-28T17:01:14Z")
> [@MikeG](#): > > So the friend is in jail and cost you $500? I’d be at his place getting $500 worth of goods. And who is going to bail you out when **your** ass is sitting for theft/burglary? 😉 ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [March 28, 2011, 5:09pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/12 "2011-03-28T17:09:15Z")
Can we get some absolute authoritative certification on bail being forfeited in the case of misbehavior vs flight? Even though I provided the link saying you lose your money, if this is true it makes bailing someone out seem insanely risky as you are guaranteeing not just their appearance but their good behavior as well. If my closest friend has a substance abuse problem I would not bail them out if this was a condition. ---
**Author:** ![Lasciel](https://avatars.discourse-cdn.com/v4/letter/l/e79b87/32.png) [@Lasciel](https://boards.straightdope.com/u/Lasciel)\ **Post date:** [March 28, 2011, 5:26pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/13 "2011-03-28T17:26:11Z")
> [@astro](#): > > Can we get some absolute authoritative certification on bail being forfeited in the case of misbehavior vs flight? Even though I provided the link saying you lose your money, if this is true it makes bailing someone out seem insanely risky as you are guaranteeing not just their appearance but their good behavior as well. If my closest friend has a substance abuse problem I would not bail them out if this was a condition. Why do you think those 24-hour, 7-days-a-week bail bondsmen have about the same reputation as “cash for title” sharks? They know they’re putting their asses on the line, and so the interest and “insurance” qualifications they require are totally usurious - not their fault, they’re providing a needed (or at least desired) service, and they do have a high risk for what they’re doing. I have had opportunity to bail out my own brother and I refused because it was a behavioral bail, and I knew he wouldn’t care enough about the charges to secure my money. Another relative didn’t quite get that concept, and guess who was out their bail money about three days later? Not I, says the cat. I’m sorry that the OP is out the $500, but in the future, you really need to consider the behavior patterns you’re supposed to be guaranteeing - if you can’t force the bailed person to comply with them, then you can’t guarantee them. It’s that simple (and yes, harsh, but so are life and lawyers and societal rules). ---
**Author:** ![storyguide3](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@storyguide3](https://boards.straightdope.com/u/storyguide3)\ **Post date:** [March 28, 2011, 5:28pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/14 "2011-03-28T17:28:02Z")
I would hope there would be some way of getting the money back, otherwise what point would there be for bounty hunters working for bail bondsmen? As far as that goes, who would be a bail bondsman in the first place if they lost their money even if the miscreant was jailed for breaking bail? ---
**Author:** ![robert\_columbia](https://avatars.discourse-cdn.com/v4/letter/r/e79b87/32.png) [@robert\_columbia](https://boards.straightdope.com/u/robert_columbia)\ **Post date:** [March 28, 2011, 5:34pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/15 "2011-03-28T17:34:46Z")
> [@kwc27](#): > > …he was supposed to be on 24/7 and blow twice a day at the sheriff’s office… What does it mean to “be on 24/7”? Is this an electronic monitoring thing? ---
**Author:** ![Ludovic](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@Ludovic](https://boards.straightdope.com/u/Ludovic)\ **Post date:** [March 28, 2011, 5:38pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/16 "2011-03-28T17:38:40Z")
I dunno, in isolation, the phrase “24/7 and blow” sounds like it’s referring to a whole other type of substance abuse… ---
**Author:** ![Sparky812](https://avatars.discourse-cdn.com/v4/letter/s/eb9ed0/32.png) [@Sparky812](https://boards.straightdope.com/u/Sparky812)\ **Post date:** [March 28, 2011, 5:43pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/17 "2011-03-28T17:43:34Z")
> [@kwc27](#): > > As I said, he’s not very smart. HA HA HA HA HA HA HA HA! LMAOROTFLMAO! That’s freakin hilarious ! Talk about the pot calling the kettle black! Thank you for my laugh of the day! ---
**Author:** ![what\_do\_I\_type\_here](https://avatars.discourse-cdn.com/v4/letter/w/a5b964/32.png) [@what\_do\_I\_type\_here](https://boards.straightdope.com/u/what_do_I_type_here)\ **Post date:** [March 28, 2011, 5:51pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/18 "2011-03-28T17:51:30Z")
> [@astro](#): > > See below. Interesting. I did not know this. Thanks for the legal advice, Mordin Solus. ---
**Author:** ![Nawth\_Chucka](https://avatars.discourse-cdn.com/v4/letter/n/c57346/32.png) [@Nawth\_Chucka](https://boards.straightdope.com/u/Nawth_Chucka)\ **Post date:** [March 28, 2011, 5:53pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/19 "2011-03-28T17:53:50Z")
You count yourself lucky that the last thing this person did at the end of your friendship w/ them is ONLY cost you $500 and not your home or personal safety. Write it off and don’t look back, even if that means ramen for months on end. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [March 28, 2011, 5:57pm UTC](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270/20 "2011-03-28T17:57:40Z")
> [@storyguide3](#): > > I would hope there would be some way of getting the money back, otherwise what point would there be for bounty hunters working for bail bondsmen? As far as that goes, who would be a bail bondsman in the first place if they lost their money even if the miscreant was jailed for breaking bail? Well this is kind of what I’m wondering. If a bail is really guaranteeing not just appearance, but behavior, and a bondsman risks losing the entirety of his bail guarantee if a DUI is caught (say) driving, which is something DUIs do regularly because they think they can away with it, the risk to guarantee daily behavior seems impossible to manage. [Next page](https://boards.straightdope.com/t/courthouse-wont-give-my-bail-back-what-do-i-do/576270.md?page=2)