How can I get Bond back, if not charged of any crime?

[RRATM]

What is the name of your state (only U.S. law)? Ar.

,''HOW CAN police CHARGE ME of a num. of crimes, Spent 3 nights in jail till I got a lawyer for $3,000. and he got my bail cut in more than half to $50,000, MAKING ME BAIL OUT, SPENDING $5,000 .
Then LATER I get a letter from prosecuting Att. Office, TELL ME , 'THERE IS NO CRIMANAL CHARGES Filed in this case and the things that was seized from my home could be picked up."
what ABOUT MY MONEY? I asked bond man and police to pay me back, said ,"NO".
What can I do?
Reason for not being charged ,as they said,. I was told ,"" they had lot better cases to spend there time on". It's clear my right were broken, I posted the story on here, look for RRATM
There ARE FEW LAWYERS IN Ar. THAT WILL WORK THIS TYPE CASE and I don't have ?? $5,000 or >?? to file suit not knowing if I will get my money back.

[CdwJava]

The burden of proof to support an arrest is the "probable cause" to believe that a crime has been committed and that the person arrested has committed the crime. This is a relatively low burden to meet.

Unless you can get a court to rule that the arrest was made WITHOUT probable cause, then the arrest stands and you are out your fee to the bail bondsman. A DA deciding NOT to prosecute does not mean the arrest was unlawful. The DA has other considerations and has to meet a higher burden at trial should he or she choose to take it that far.

Sorry, but unless you can go to court and have the arrest ruled unlawful, it's likely you are out that money.

- Carl

[OldandTired]

The bond was nothing more than an insurance policy that you purchased. It was to ensure that you appeared in Court.

Your best move would be as noted above.

[RRATM]

Originally Posted by OldandTired

The bond was nothing more than an insurance policy that you purchased. It was to ensure that you appeared in Court.

Your best move would be as noted above.

I understand that, but I never got a court date, never had to go to court,and all the charges the polices told me I was charged with, I got a letter in the mail from prosecuting att. , saying ," there will be no criminal charges filed in the case"!! I don't get why Bond man dont have to get the money back, there was no risk of me not showing up?


Does anyone think I could get my money back by filing with the DOJ?
U.S. Department of Justice
Civil Rights Division
(DOJ) that address police misconduct and explains how you can file a complaint with DOJ if you believe that your rights have been violated.

[FlyingRon]

Because that is how the Bond Man (who is a private enterprise) makes his money. He puts up his own collateral to cover the $50,000. It's an extremely risky short term loan.

The Department of Justice doesn't have your money. They can't give you any.

You can sue the offending agency if there was specific and gross impropriety. You haven't indicated any.

As pointed out, the standard for arrest is less than the standard for guilt in court.

[Dougthegreat]

Originally Posted by RRATM

I don't get why Bond man dont have to get the money back, there was no risk of me not showing up?

Incorrect. Just because you don't get in a car wreck doesn't mean you get your premiums back!

[outonbail]

I have some more good news. If the bond was already exonerated and the DA decides he does want to prosecute you for these crimes, you will be re-arrested, taken back to jail and required to post a new bond for your release!

Yes, another 5K down the drain.

You should see if you can have an attorney make a request with the court for your existing bond to remain in place for at least a year, so you do not end up having to pay out another 5K, for the same charges, which you will not get back for a second time.

[RRATM]

Originally Posted by FlyingRon

Because that is how the Bond Man (who is a private enterprise) makes his money. He puts up his own collateral to cover the $50,000. It's an extremely risky short term loan.

The Department of Justice doesn't have your money. They can't give you any.

You can sue the offending agency if there was specific and gross impropriety. You haven't indicated any.

As pointed out, the standard for arrest is less than the standard for guilt in court.

The Dep. of Justice said in there complaint form, they give relief to some victims or police misconduct.

It takes so much money to file suit on police and sucks B.C. they know they broke my rights and thats why prosecutor would file the charges, the police said I was arrested on.

[CdwJava]

Originally Posted by RRATM

The Dep. of Justice said in there complaint form, they give relief to some victims or police misconduct.

It takes so much money to file suit on police and sucks B.C. they know they broke my rights and thats why prosecutor would file the charges, the police said I was arrested on.

The legal requirement to support an arrest is "probable cause" to believe that the person arrested had committed a criminal offense. This burden is much less than the burden a DA must meet at trial which is "beyond a reasonable doubt". Unless you can show that the officers lacked probable cause to make the arrest, you are probably out of luck.

- Carl

[RRATM]

Originally Posted by outonbail

I have some more good news. If the bond was already exonerated and the DA decides he does want to prosecute you for these crimes, you will be re-arrested, taken back to jail and required to post a new bond for your release!

Yes, another 5K down the drain.

You should see if you can have an attorney make a request with the court for your existing bond to remain in place for at least a year, so you do not end up having to pay out another 5K, for the same charges, which you will not get back for a second time.

B.C. of threats , I couldn't get the affidavit from the police , So I held off one yr. This happened about a yr. and 3 months ago.
I never had court at all to even ask anyone any thing. I tried to ask bondman, they said no , wouldn't give me money back and I even had a letter from prosecution att. off stating there will be no criminal charges files in this case. ??ButI pay $5,000 to bond mad for two months, have letter and get nothing back?

[ERAUPIKE]

Originally Posted by RRATM

B.C. of threats , I couldn't get the affidavit from the police , So I held off one yr. This happened about a yr. and 3 months ago.
I never had court at all to even ask anyone any thing. I tried to ask bondman, they said no , wouldn't give me money back and I even had a letter from prosecution att. off stating there will be no criminal charges files in this case. ??ButI pay $5,000 to bond mad for two months, have letter and get nothing back?

You got to not sit in jail for two months. If you had posted the $50,000 in cash you would have received the money back when you either showed up for your hearing or the case was dropped. You paid a bondsman 10% of the bond he posted on your behalf. You do not get the money back just because the DA decided not to prosecute you. Your rights have not been violated and the criminal justice system in your city/state seems to be par for course.

[RRATM]

Originally Posted by CdwJava

The legal requirement to support an arrest is "probable cause" to believe that the person arrested had committed a criminal offense. This burden is much less than the burden a DA must meet at trial which is "beyond a reasonable doubt". Unless you can show that the officers lacked probable cause to make the arrest, you are probably out of luck.

- Carl

I posted the hole story on here under , arrests, warr. and procedures on 12-30-08 , name RRATM.
That just the thing, I know my rights were broken but I dont have any more money to spend, I'm out $8,000.00 right now and sure it would be $2,500 to $ 5,000 to file suit.
This is just wrong, I wasn't charged of any crime , never went to court one time, just got letter in mail stating there will be criminal charges files in this case. and they charges me with 4 class Y's and 3 class C crimes.
I'm sorry, they just dont drop charges like this in less they really messed up.
thanks for help.

[CdwJava]

Originally Posted by RRATM

I'm sorry, they just dont drop charges like this in less they really messed up.
thanks for help.

Actually, they do. DA's have to meet a much higher burden of proof and if that burden is not met, they drop it. It may very well be that the DA decided that the gun might be an issue and that the "search" that led to the issuing of a search warrant was questionable. Maybe they decided to drop for some other reason.

I have no idea whether there existed probable cause to make the arrest under state law. The original arrest for harassment seems to be a no-brainer as they had a warrant. If you were also charged and had to bail out based upon someone peering through a back window AFTER you were taken in to custody, that might be a problem. But, the arrest for the warrant, that's easily good.

If you truly have a case for false arrest, etc., then you should have attorneys lining up at your door to offer services on contingency when you tell them your story.

- Carl

[RRATM]

Originally Posted by CdwJava

Actually, they do. DA's have to meet a much higher burden of proof and if that burden is not met, they drop it. It may very well be that the DA decided that the gun might be an issue and that the "search" that led to the issuing of a search warrant was questionable. Maybe they decided to drop for some other reason.

I have no idea whether there existed probable cause to make the arrest under state law. The original arrest for harassment seems to be a no-brainer as they had a warrant. If you were also charged and had to bail out based upon someone peering through a back window AFTER you were taken in to custody, that might be a problem. But, the arrest for the warrant, that's easily good.

If you truly have a case for false arrest, etc., then you should have attorneys lining up at your door to offer services on contingency when you tell them your story.

- Carl

iI

I JUST FOUND OUT THEY HAD WRONG ADDRESS ON WARRANT, NOW WHRER DO I STAND?
I STAYED IN JAIL 3 NIGHT, OUT $8000 , MISSED WORK, IS IT TO LATE FOR ME TO DO ANYTHING? ITS BEEN A YR, AND 4 MONTH?

[CdwJava]

Originally Posted by RRATM

iI

I JUST FOUND OUT THEY HAD WRONG ADDRESS ON WARRANT, NOW WHRER DO I STAND?
I STAYED IN JAIL 3 NIGHT, OUT $8000 , MISSED WORK, IS IT TO LATE FOR ME TO DO ANYTHING? ITS BEEN A YR, AND 4 MONTH?

Okay ... but was the warrant still for YOUR arrest?

The address of a search warrant is a bigger problem than the address on an arrest warrant. Since you apparently stepped outside, they could make the arrest. I have made a number of arrests even with the wrong address. Since people we want tend NOT to be at the place listed on their warrant, this is usually a non-issue.

If the address was the key, then everyone arrested would give a phony address so as to have such a grand technicality one day.

I am unsure of the time frame you might have in you state to take any action if any action is possible. It may be too late at this point. You would have to consult legal counsel.

- Carl