You do understand that the total fine is not $500 for a third time DUI. The $500 is merely a deposit with the court to help insure that he will appear for his TRIAL to determine if he is guilty of his third offense DUI. Innocent until proven guilty and all of that.
I had an old friend (similar to the OPs friend) who was actually released on his own recognizance for a 3rd offense DUI. The point of the money is not to punish but is a decision by the judge to balance the need to let someone who has not been convicted of a crime out of jail versus insuring their appearance at trial.
A 22 year old is unlikely to become a fugitive for life and live under the radar forever, adding more charges, instead of taking his medicine on a relatively minor charge (compared to, say, rape or murder).
Well, kwc, it seems you’ve gotten a fair amount of good advice here, sandwiched in between the quite appropriate ridicule.
To sum up:
Chances are you’re out the $500.
Still, you may not have much to lose by filing a motion to get your bail money refunded.
a) Ask the clerk of court’s office about filing fees. If there aren’t any, then you have nothing to lose but time. If there are fees, only you can decide what you think of the cost/benefit ratio.
b) Ask the clerk of court’s office whether they’ve got a blank motion form, as more than one poster has recommended. If so, fill in along the lines of what llcoolbj77 suggested.
c) If not, what I’d do would be to ask them if motions for getting one’s bail money refunded are public record (should be!), and if so, where such motions would be filed and how can you read some of them. Read one or more of them, and crib off them in writing your own motion.
d) If such motions aren’t public, or they are but you can’t get to them, then try Nolo Press per jharvey963’s suggestion at the top of the thread.
e) If Nolo doesn’t have anything pertinent, then take a flyer at cobbling something together based on what llcoolbj77 suggested about format and approach.
When come back, bring stories of what happened when you tried some of these ideas, okay?
I got a check for $500 from that county’s clerk of courts in the mail this afternoon!
A simple letter to the judge can do wonders. I got a letter just over a week ago from said judge telling me basically nothing, that bail is used to ensure the accused does as he is told and that if special circumstances are present regarding the bail, then the issue should be brought up in a properly scheduled court hearing.
I figured maybe I should look at writing a formal motion for a court hearing.
Not necessary, because I’m holding a check right now.
For those of you that offered real advice and well wishes, I thank you. For those of you that didn’t, well… It’s all good.
Yeah, I guess even “hardass” judges have a heart too. Kinda funny when she sent me that first letter, she finished it with “very truly yours, Judge so and so”.
I doubt those that wagged their finger at me earlier will come back to this thread and pat me on the back now
Not true. Congratulations. I do have to say that I’m surprised, though. And I hope the underlying lesson isn’t forgotten just because you got the bail back.
I don’t remember if I wagged my finger or not, but I am happily surprised that you got the money back. It could be that you did indeed get a nice judge responding to your letter; I don’t know.
I’m sure this is true, but it’s not a complicated test to check blood alcohol and correlate this with volume and time of drinking. A friend of mine claimed to have drunk following being seen driving and the argument lasted all of about a minute once the evidence was presented. Funnily enough, magistrates take a dim view of people pleading not guilty and attempting to deceive on top of the original offence.
My only guess, in this case then, is that appropriate evidence wasn’t taken. I’m be questioning the police’s approach given the chase and arrest to be honest!
I’m still surprised that you can forfeit bail because the person you bailed out violated the conditions vs. not showing up. I would gladly bail out a close friend or family member. I could keep an eye on them, and probably even drive them to their court appearance. But there is no way that I can watch them 24/7 and make sure that they don’t drive or drink booze or whatever other conditions that the court imposes on them.
I thought that the idea of bail was to make sure that you showed up for trial. Period. After all, you haven’t been found guilty of anything yet. If they keep this up, then nobody will want to bail anyone out. Do we really want 19 year olds spending months in jail before their trial for a minor crime like shoplifting?
Yes!
At least according to my parents, whose small retail store was nearly driven out of business by losses from shoplifting.
And as far as “before their trial” goes, my experience is that by the time they are actually arrested & charged with shoplifting, they have done it many. many times before. They are almost all guilty – stores are so leery of lawsuits that they don’t call the cops unless they have very strong evidence (video tapes, searches, etc.). What is the conviction rate of arrested shoplifters – about 90%+?
Court staff are representatives of the Court. Like the Court, they must be impartial and cannot assist a litigant. The Court and its staff cannot favour one litigant over another.
This may be the single worst suggestion I have ever read on these boards. Believe me, committing perjury, risking prison time and/or a fine probably substantially more than $500, to get a multiple felon off the hook for a crime he in all probability did in fact commit… is not a good idea.
Taking another $500 and burning it a fireplace is a better idea than that.
