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  1. #1
    Join Date
    Aug 2014
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    1

    Default Return of Bond After a Criminal Case Ends

    My question involves criminal law for the state of: Illinois I hired a lawyer to defend my then boyfriend he told me 1500 for the case I have him some and I was expecting him to get o what was old to him the 10000 bond and the rest to be returned to me . I called the city they mail him all of it needless to that was 2 weeks ago and I've been calling and going to his office for a week how do I go about retrieving my money from him ?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Return of Bond After a Criminal Case Ends

    If you cannot connect with your lawyer by phone, perhaps you should schedule an in-person meeting.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Return of Bond After a Criminal Case Ends

    Just what money are you looking for?

    a $10,000 bond in most states costs $1000 to purchase. If it was purchased from a bondsman, there is no refund of the purchase price. If the court carried the bond it depends on your states practice but at least some refund the bond purchase money.

    It's odd they sent the lawyer the money. Most states I am aware of it is refunded to the defendant. If that is the case, the lawyer would pay out the money to the defendant, not you.



    So, short answer; you may not be due any money from the lawyer. It will require a bit of investigation to determine how all of that is dealt with, ask the lawyer

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Return of Bond After a Criminal Case Ends

    Typically, where a refundable bond is posted with a court, the refund is issued to the person who posted the bond and is sent to the address that person gave when posting the bond. It is possible that the defendant secured his unpaid legal fees by posting the bond in the attorney's name and using the attorney's address, or even that they posted their bond in their own name but with the attorney's address (such that the refund check would come in their name, but they would have to go to the attorney's office to get it).

    In Cook County they appear to follow a similar procedure, but indicate that it takes about 21 business days (not calendar days -- so four to five weeks depending on holidays) to process a refund check. (I recognize that the OP's case isn't necessarily in Cook County, but it's an obvious county to use as an example of what can happen in Illinois.)

    Depending on what the clerk actually said, they may have merely confirmed that they had processed the refund request, not that a check had been mailed to the lawyer. In court (of another state) where I have dealt with similar issues, the clerk would have no way of telling me the status of a refund check as, once they processed the order for return of bond, the actual issuance of a check was processed by a separate department.

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