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  1. #1
    Join Date
    Jun 2009
    Posts
    3

    Default Where is the Bail Money

    My question involves criminal law for the state of: GA
    I am in a bizarre situation. 12 years ago, I was arrested in GA for a misdemeaner. I posted my own bail. I missed my court date. 12 years later, I found out I had a bench warrant. I turned myself in and posted another bond for failure to appear. I found out through the clerks office that my original bail was not forfiet. It is still sitting somewhere. Furthermore, the clerk said that it gathers interest. My attorney says that the charges will probably be dismissed. Regardless, :the maximum penalty for both charges does not add up to the bail. QUESTION: Where is the money? Is it gathering interest and how much? Will I wee any of it?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,303

    Default Re: Where is the Bail Money

    QUESTION: Where is the money?
    Contact the county Clerk of Courts for this information. S/he'll have to do a records search to see if it has been submitted to the State Treasury, or if it's still sitting in a Municipal account.
    Is it gathering interest and how much?
    It probably is, but how much varies. Speak with the Clerk.

  3. #3
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Where is the Bail Money

    Quote Quoting Warpath13
    View Post
    My question involves criminal law for the state of: GA
    I am in a bizarre situation. 12 years ago, I was arrested in GA for a misdemeaner. I posted my own bail. I missed my court date. 12 years later, I found out I had a bench warrant. I turned myself in and posted another bond for failure to appear. I found out through the clerks office that my original bail was not forfiet. It is still sitting somewhere. Furthermore, the clerk said that it gathers interest. My attorney says that the charges will probably be dismissed. Regardless, :the maximum penalty for both charges does not add up to the bail. QUESTION: Where is the money? Is it gathering interest and how much? Will I wee any of it?

    IF they say it was not forfeited, then they should know where it is. I think someone does not know what they are talking about.

    Bail that gathers interest is FOR the government, YOU do not collect it whether you abided by the terms of it or not.

    If it was a municipal charge it is forfeited to that city, if it was a state charge, it is forfeited to the County.

  4. #4
    Join Date
    Jun 2009
    Posts
    3

    Default Re: Where is the Bail Money

    FYI to anyone who has the misfortune of being in this situation. As it was, I was in a hurry to get out of jail when I spoke with the court last time. I contacted the Clerk and she cleared a lot of this up. Upon missing your court date(failure to appear) the SOLICITOR requests that your appearance bond be revoked. The JUDGE orders a hearing to determine wether or not your bond is forfeit and issues a bench warrant for any law enforcement officer to arrest you upon contact. You can get a copy of the warrant from the clerk and it states all this in plain language.
    At the hearing, the JUDGE determines wether you forfeit your bond or not. The other party on this thread is 90% right. In most cases, the bond is forfeit. I happended to have fallen into the small percentile. The money sits in an account and does gather interest. As stated in other threads on this Website, after the outcome(fines, court costs,ect.) the defendant receives what is left over. In the state in question, the money is mailed in the form of a check within 30 days of the outcome.
    My attorney says this is a cursed blessing. The probability of the solicitor pushing for a conviction and maximum fine is inevitable. Most of the money will be used up for attorney, court cost, lost time at work, and other related expenses.
    Lesson: Go to court when you are supposed to!!!

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