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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20038
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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My son 40 yrs. old was taken to jail of his front porch by

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My son 40 yrs. old was taken to jail of his front porch by the Hardeman co. Sherriff, was not told why as he was put in the cell my son asked again why. He was told hot payroll checks were being cashed in three towns. He was never read his rights till the next morning when the bail bond lady from next door(the JP) came to make my son sign a paper for 10,000.00?bail. I gave her 2,000.00 down. My son was never charged with anything they wanted just to ask him questions to find out were he was on the day the checks were cashed.He happened to remember that day because 2 of his 4 children were home sick. botXXXXX XXXXXne they never found the bad guy and My son was never charged and no evidence was found. Why are we out 2,000.00 for bail. They only wanted info from him. Seems they make up their own rules. Can they do that?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Typically, the way a bail bond works is that the judge sets a certain amount of bail. If the person cannot afford the full amount, they can enter a contract with a bail bondsman to pay a percentage of the bail. The bondsman than pays the rest. If the accused person makes all court appearance, the court returns the bail. However, that money goes to the bondsman as the fee. That's what the contract says. Usually, the fee is 10%, which means that you'd be entitled to get at least some of what you paid back.

If you have a copy of what you signed, read it carefully to see what percentage was the fee and whether you're entitled to get any portion of it back. You can also contact the court directly to see if bail was returned. If the bail was returned and the bail bond company kept more than what they were allowed to have, you may be able to sue for reimbursement. They can't just say they don't remember - they'd have to be able to account for the funds if the court returned the money to them.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

There was no court involved he was thrown in 1 day and out of acell the next and had to pay the JP the bond money. the 10%($2000.00) for nothing. No court no charges. Just held over night. He not heard a word from them.

Expert:  Lucy, Esq. replied 1 year ago.
$2,000 would be 20% of the bond. If you only agreed to pay 10%, then you still get half of that back.

If he never went to court, talk to the jail. Either the JP gave the money to someone to have him released, in which case there's a record of it, or she just took the money and kept it, in which case you can sue for the return of the full $2,000 because she didn't do what she was supposed to do.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 20038
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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