Legal question (mostly for Xian, but anyone feel free to chime in)

[Leo]

Susan has a friend (yes, really, it's a friend & not a veiled reference to me ) who was stopped by the cops over the weekend on a minor traffic charge (rear light out or some such). I'm a little hazy on ALL the details, but she was arrested on warrants stemming from unpaid toll charges. Some odd $600 later and she was bailed out. As it turns out, she had taken care of all the tolls in advance and hence, the warrant should have been lifted, or possibly never served to begin with. She has all of her paperwork to prove the payment of all charges. question is, is there any remedy for the $600 she is out? Should she seek legal counsel or try to go head-to-head with city hall? I have a few ideas, but would like to see what the experts think.

[Deff Gordon]

if she proves that it was taken care of... and the charges are dropped, then the $600 bail money is refunded.

hell.. she'd only lose the $600 if she failed to go to court.

[PETA]

Was the $600 actually "bail" money or was it money that the county claimed she owed in fines?

If it was "bail" money and she shows up for required appearances etc then she'd have it refunded if she meets those obligations. (Bail is money paid to ensure your presence at trial - its a kind of monetary hostage for lack of a better description)

If it was deliquent fines that she owed - then no - SOL.

If it was deliqunent fine money that the relavant authority failed to clear on their books (that she didn't woe) it would seem she should have every right to claim refund... how one goes about that procedure I have no clue.

[PETA]

Originally Posted by junglelove77

Depending on what County this happened Dallas is going to drag there feet when it comes to giving money back and in my past experience was told that they charge for them looking up this info so there goes 200 of 600 right there yes you might light a fire under there azz if you get a attorney, but then you will more than likely be out the 600 and then some.

junglelove77 may I introduce you to Mr. "." Mr. "." let me introduce yuo to junglelove77 - may you grow well aquainted with one another.

[Deff Gordon]

Originally Posted by junglelove77

I have had a run in or two with tha 5-0, but nothing to bad.

Are you some kind of bondsman???
Because I can always use one, just in case.

psst... look up. there is stuff flying all over your head.

[PETA]

Originally Posted by junglelove77

I have had a run in or two with tha 5-0, but nothing to bad.

Are you some kind of bondsman???
Because I can always use one, just in case.

no - not a bondsman but maybe I should look into that line of work if you're planning on getting in trouble with the police

[Deff Gordon]

Originally Posted by xian

no - not a bondsman but maybe I should look into that line of work if you're planning on getting in trouble with the police

no shit... especially since the Dallas DA is after her now.

[PETA]

Originally Posted by junglelove77

Not planning but better to be safe then sorry.

I do have my share of trouble loving call me at 4 in the morning come bail me out pick me up friends however that always need a little love from A good bondsmen.:drink:

so are you 5-0 cause if thats the case then kool.
One of my best buds is a San Antonio Gang Unit officer, and he is one hell of a kool kat with out doubt. Dallas Street patrol Sg. for 5 years before GU.
Nothing but love for all 5-0's who put it all on the line.

there are some here in whom I've confided that I was in fact a police officer - however I think they knew the truth of the matter even before my claim was made

[DREX]

there is one issue here that has been overlooked....did she use a bondsman?......i wouldnt think so if she shelled out $600 but if she did its my understanding she is entitled to nada

[PETA]

the issue is defining what was paid

3 options

1) bail

2) fine owed

3) fine not owed

in all cases but #2 the money's probably coming back but the procedural nightmare is gonna suck ass

[DREX]

Originally Posted by xian

the issue is defining what was paid

3 options

1) bail

2) fine owed

3) fine not owed

in all cases but #2 the money's probably coming back but the procedural nightmare is gonna suck ass

but if you pay a bondsman your not really paying the bail....the bondman is....your just paying him a fee to post the bond and assume the liability of the bond for you?....or maybe im wrong

[PETA]

Originally Posted by DREX

but if you pay a bondsman your not really paying the bail....the bondman is....your just paying him a fee to post the bond and assume the liability of the bond for you?....or maybe im wrong

you're right


but the question is: who was paid and why?


in short - I don't think the term "bail" was used correctly in the first post of the thread

[Leo]

Originally Posted by xian

the issue is defining what was paid

3 options

1) bail

2) fine owed

3) fine not owed

in all cases but #2 the money's probably coming back but the procedural nightmare is gonna suck ass

Duly noted...I got all this info 3rd party from my wife last night. Upon review, I agree that $600 is way too much for it to be bond only. I'm wondering if she paid bond AND fines (regardless of previous payment or not. Given a figure of $600, I'm inclined to believe it was fines as well. I left her a voicemail to figure it out, but your last statement is what I told Susan, it's gonna suck trying to fight city hall!

[PETA]

from what I could gather it sounded to me that she was hauled in to jail until some one paid outstanding tickets (whether they were properly owed or not)

I don't think bail is really a part of this ordeal but who knows

good luck

[hepkatmama]

Originally Posted by Leo

Susan has a friend (yes, really, it's a friend & not a veiled reference to me ) who was stopped by the cops over the weekend on a minor traffic charge (rear light out or some such). I'm a little hazy on ALL the details, but she was arrested on warrants stemming from unpaid toll charges. Some odd $600 later and she was bailed out. As it turns out, she had taken care of all the tolls in advance and hence, the warrant should have been lifted, or possibly never served to begin with. She has all of her paperwork to prove the payment of all charges. question is, is there any remedy for the $600 she is out? Should she seek legal counsel or try to go head-to-head with city hall? I have a few ideas, but would like to see what the experts think.

i got in trouble for the exact same thing & had paperwork & bank statments. they will not refund the $600, but they will set up a payment plan for the rest of the fines. they will put u in jail if u don't pay the fines. they continue accumulating.

i have a tolltag now & had one before they started racking up fines. watch your statements people.

she wouldn't be going head to head with city hall but the state, trust i looked into it.