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Court is keeping Bond

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mel1545

Junior Member
What is the name of your state? Michigan

My husband paid a $600 bond for our son with a credit card. He showed up for his date and he received 10 days in jail for probation violation, but they kept the bond. I thought they couldn't keep it for court cost, etc if it was put up by a third party, can they?
 


Heather2

Member
mel1545 said:
What is the name of your state? Michigan

My husband paid a $600 bond for our son with a credit card. He showed up for his date and he received 10 days in jail for probation violation, but they kept the bond. I thought they couldn't keep it for court cost, etc if it was put up by a third party, can they?
Did he use a bail bond company?
 

justalayman

Senior Member
It seems most people do not understand what a bond actually is.

Simply put, it is a purchased insurance policy.

This is not the same as bail. Generally, to purchase a bond for bail costs 10% of the bail amount.
 

mel1545

Junior Member
Keeping Bond

The bond was a cash bond (we had to put up the entire amount) which I assumed we would get back once he appeared in court, but they kept it.
 

Ohiogal

Queen Bee
mel1545 said:
The bond was a cash bond (we had to put up the entire amount) which I assumed we would get back once he appeared in court, but they kept it.
how much were court costs and fines and such?
 

mel1545

Junior Member
keeping bond

I dont know for sure, never got any paperwork, but of course the costs, etc I'm sure are conveniently set at $600.00.
 

Ohiogal

Queen Bee
mel1545 said:
I dont know for sure, never got any paperwork, but of course the costs, etc I'm sure are conveniently set at $600.00.
Actually your son would have gotten the costs and he may owe quite a bit more than $600 when all is said and done.
 

The State

Junior Member
justalayman said:
It seems most people do not understand what a bond actually is.

Simply put, it is a purchased insurance policy.

This is not the same as bail. Generally, to purchase a bond for bail costs 10% of the bail amount.
"Most people", including you justalayman!

The sole legal purpose of bail is to assure the presence of the accused to stand trial for, or plea to, the charges. Once the accused has appeared to answer for that purpose, the bond is fulfilled, the surety (person or entity who posted the bail) is exonerated of any further duty to the Court, and is entitled to return of the bail.

You may post the bail yourself, in which case it should all be returned to you - less any administrative processing charges which may be authorized. Or you may pay a bailbondsman to post the bail, in which case you will have to pay the bondsman 10% of the amount of the bail, and post collateral for the balance. When the bond is satisfied, the bondsman gets the entire bail back, keeps your 10% as his fee, and releases your collateral.

Your situation, Mel, is why I tell people never to post bail themselves, but to always get a bondsman. There is usually a specific procedure required to get bail released, which can be a real PITA. If you don't dot every i, and cross every t, the bureaucrats will simply hold on to your money until you do - and you may not even know what the i's and t's are.

In this instance, Mel, if the bail was $600, you would have had to pay a bondsman $60 for the bond. You will probably expended more than $60 worth of your time and effort trying to get the $600 back - even if you don't have to hire a lawyer to get if for you!

The State
 

justalayman

Senior Member
The State said:
"Most people", including you justalayman!

The State
Well aren't you just full of,,,,,,,,,,,,,,,,,,,yourself. There is nothing incorrect about my post.

You may post the bail yourself, in which case it should all be returned to you - less any administrative processing charges which may be authorized. Or you may pay a bailbondsman to post the bail, in which case you will have to pay the bondsman 10% of the amount of the bail, and post collateral for the balance. When the bond is satisfied, the bondsman gets the entire bail back, keeps your 10% as his fee, and releases your collateral.
Now do you think the bolded section above (from your post mind you) would qualify as purchasing a bond? As with any bond I have dealt with, it is exactly what I stated. As a matter of fact, an insurance policy is in essence purchasing a bond. You pay a reduced fee to a bond agent who in turn promises to pay a larger amount in your sted if you fail to fulfill some agreed upon action. The only real basic difference is you do not need to pay the insurance company the full amount of the bond if said bond is claimed by another.

bail bond
n. a bond provided by an insurance company through a bail bondsman acting as agent for the company, to secure the release from jail of an accused defendant pending trial. Usually there is a charge of 10 percent of the amount of the bond (e.g. $100 for a $1,000 bond) and often the defendant must put up some collateral like a second deed of trust or mortgage on one's house. Upon acquittal, conviction, or other conclusion of the case, the bail bond is "exonerated" and returned to the insurance company. If the person who has been bailed out disappears and does not appear in court, the bond funds will be forfeited unless the defendant is found and returned.
Here is a definition from a dictionary and look at that, provide through an insurance company. Kind of like where you would get an insurance policy.

Now if you will go back to the origianl post. The OP states they paid a BOND, not BAIL. Even in your overly verbose posting, you seem to be able to differentiate between the two. In your post, even you stated that one purchases a bond by paying a fee to a bail-bondsman of 10%.
Or you may pay a bailbondsman to post the bail, in which case you will have to pay the bondsman 10% of the amount of the bail, and post collateral for the balance. When the bond is satisfied, the bondsman gets the entire bail back, keeps your 10% as his fee, and releases your collateral.
See it up there? I even bolded it for you. Now since we should both be in agreement that a bond is purchased for ~10% of the penal sum, and we know the OP paid $600, the bond would have been for ~$6000. Now if the OP mis-spoke and meant bail instead of bond, or that he paid ~$60 for a $600 bond, I can deal with that as well but I would rather accept what the OP stated rather than what you did and assume the OP mis-spoke.

To answer the question of why he did not get his money back though the OP needs to state whether he paid $600 bail or paid $600 for a bond, in which case it was probably for a $6000 bail.


Now tell me O arrogant one. What is wrong in my post and why would the very same thing (although worded differently) repeated in your post now be correct?
 

Kane

Member
Bail bondsman won't get someone out of jail for only $60, at least not where I live. It's not worth their time. Usually the minimum is $200-$300.

Getting bond money back isn't that hard. It may require some calls and a trip to the courthouse, but it's not that big of a deal.

Edit: I've never heard of paying a bond with a credit card. OP: are you sure it wasn't a bail bondsman?
 
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