Bail bond question

[Alex_4x4]

... -- and both ended up in jail -- no one believing his innocence. (Driver had dope in his pockets complemented with a pile of cash and an illegal unregistered unlicensed handgun under the seat.)
...

Law enforcement flaw: according to their logic, the "secretary's son" should have been accused of gang rape, since there were two men in the car and each of them had a "tool" for this.

[Soundguy]

Usually the bondsman is paid a percentage of the bond amount.
If the bond is $10,000. you pay the bondsman a percentage of that. Say, 10%,,, or $1,000.
If the person doesn't show up in court- the bondsman has 'so may' days, 30, 60, 90--
whatever, to deliver that person into custody, or they pay the full amount of the bond.

If the person shows up as expected. Fine.
However; that thousand dollars paid to the bondsman to cover a $10,000 bond is gone. You don't get any of it back.
That's the price you pay not to sit in jail until the court date.
And that's how the bondsman makes a living and pays their bills--- including the bail jumpers he covered.

As far as getting any money from the county-- since he wasn't falsely imprisoned,,,
Ask a attorney in your state, but I think you're kicking a dead horse as far as getting money from them.

It's like going to court and being found 'not guilty'. There is no refunds for that either.

I agree.. I think the only way to get bond money back is if you put up the entire cash bond.. and then it could be refundable...

[Winger Ed.]

I agree.. I think the only way to get bond money back is if you put up the entire cash bond.. and then it could be refundable...

Yep. That's how it works.

That's how the bonding amount and bondsman works.
He puts up the full amount of the bond, but doesn't have to pay or forfeit that amount if you show up for court-
or gets you back into custody in a certain number of days if you don't.

[lightload]

I worked for two sheriff's dept's in Texas. My opinion is that nothing will be expunged. For example, the fact that an arrest occurred will remain in the computer system and will show up whenever a cop enters the name in his computer. It will show up on background checks. People think that juvenile records are unavailable. Not so. In Texas when a cop arrests someone, if this person has a juvenile record, it appears on the car's computer and all this is sent to the jail electronically. It arrives at the jail immediately. Been there, done that, seen that.

[MightyThor]

Our wonderful criminal justice system.
It's the system that's criminal, and there is NO justice!

Easy to say, but where have you seen a better system? Almost everywhere else in the world would make it near impossible to get out of jail awaiting trial, and in some countries the misdemeanor defendants don't live long enough to see trial.

[deces]

Yeah, except it's gonna be some lowlife drug addict or something similar. You think some tweaker has more than $20 to his name? Confidential informants are nearly always lawsuit-proof...In other words, you can't collect what they don't have. There are no big bucks.

OP, your money is gone. Sorry. Time to let it go and move on.

But hey, on the plus side, your kid ain't in prison, so it was probably money well spent even though your ladies don't see it that way. It could have very easily turned out differently...

Yeah, you don't want to bother a current narcotics dealer who just so happens to be working for the cops at the same time. This should be common sense.

[10x]

I wish you luck. Talk to some lawyers. I once got arrested and spent a night in jail on a domestic violence issue. It was ill founded. After a month or so, n court, my attorney told me they "would drop all charges if I sgned an agreement not suing them for false arrest."
Maybe your first lawyer missed something. I lost $1500 and had trouble buying guns for several years. That may have had a 5 years limit.
good luck

Look up extortion.

[dverna]

It is stories like this that make me cringe.

Our system is not perfect. It gets manipulated by folks who are incompetent or have an agenda.

I worry about the impact of "red flag" laws and am certain they will be used to persecute people.

I am blessed to be able to live away from "civilized society". Yet, the only time I have had to draw a weapon was here in the middle of nowhere. The idiot was not a local and was looking for trouble. What can I say...**** happens.

HW, like others have suggested, best thing is to put this behind you. **** happens.

[HWooldridge]

It is stories like this that make me cringe.

Our system is not perfect. It gets manipulated by folks who are incompetent or have an agenda.

I worry about the impact of "red flag" laws and am certain they will be used to persecute people.

I am blessed to be able to live away from "civilized society". Yet, the only time I have had to draw a weapon was here in the middle of nowhere. The idiot was not a local and was looking for trouble. What can I say...**** happens.

HW, like others have suggested, best thing is to put this behind you. **** happens.

Don, you are exactly right - stuff happens. We will move on and be thankful that nobody has to go to court. My son and DIL went through 3 years of hell but it’s over now.

Unrelated subject but my wife and I just finished fighting the IRS for the past 18 years. They claimed we made income in 2005 that was not correct. We had the paperwork and proved our case in an audit but they still tied our hands for a long time. Filed liens and threatened us, etc. Fortunately, we found a good CPA with tax experience and he kept them at bay until the clock ran out.

[mexicanjoe]

My suggestion is contact a competent attorney and sue both the DA and the informant. Since your son did not commit any crime, I would demand a large amount of $$$.....

[JimB..]

Even if the warrant was based on crap evidence that the police accepted, and a judge signed, I think it unlikely that you make much progress.

Do have to wonder of they would have dropped it if your son had a public defender, but no way to ever know.

[elmacgyver0]

My suggestion is contact a competent attorney and sue both the DA and the informant. Since your son did not commit any crime, I would demand a large amount of $$$.....

Yeh...that'll work.

[jonp]

This is what is called "Lawfare". Us little people get ground into the dirt until we can't pay anymore even if innocent. We then take a plea to stop The State and the DA gets to strut his stuff

[GregLaROCHE]

Don’t individuals who have been falsely imprisoned for years, get a payout of some sort?

[Winger Ed.]

Don’t individuals who have been falsely imprisoned for years, get a payout of some sort?

Yes, but the key word here is 'imprisoned'.

Pre-trial detention doesn't count.

[HWooldridge]

I talked to a couple different attorneys and they both said it was a real long shot to collect anything - as in most likely less than 5% chance of winning.

We are happy the whole thing went away so best to chalk it up to experience and get on with life. I did learn the police were mad that my son “lawyered up” immediately, and they assumed he was a big fish - but in fact, he was just being smart at the time.

[Winger Ed.]

I did learn the police were mad that my son “lawyered up” immediately,

Over the years, I've seen a couple or so of Police Officers that after working so long with members of the lowest rungs on
the ladder of society can develop sort of a 'us vs. them' outlook.
Anything someone does that they don't like at the time, and makes their job more difficult, is often perceived as a 'them'.

[farmbif]

if that type of sloppy police work is common practice for that jurisdiction and there are many other victims y'all need to get together and sue the pants off those in power who are responsible. is sloppy police work and not doing actual investigation but just going off drug addicted informants word common practice is I would think you should be able to have some recourse if you could find the right attorney or organization. but if was just a one time thing for the cops and DA to screw up not sure about what you could do.
if you do decide to go after them get help from out of town. local good ole boy networks are very real.