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ive asked this question b4 but this time its a bit dferent ok so i bailed sum1 out 3 yrs ago for 35 grand!!!now the person i bailed out is telling the DA that the money i used to bail her out belongs to her and that SHE wants it back!!the money i used to bail her out is borrowed money from my fiance's family and from friends!!!not hers!!! anyway the check i gave the courts was issued from my fiance's bank acct! i signed for the bail affodavit i recieved the receipt from the courts with my name on there everything has my name on it!!!!now this person i bailed out is going to her sentencing b4 the year ends and she is going to tell the judge that this is her money and she wants it to be released to her....now is it possible for the courts to release it to her even though it is mine and everything has my name on it??? (reciept from courts ,affidavit and a copy of the check we gave the courts) pls help this is alot of money that i have been paying back eversince!!thank u so much

2007-11-26 07:44:49 · 3 answers · asked by khristina t 2 in Politics & Government Law & Ethics

by the way this person im talking about is my ungrateful mother!!!!she was charged with a drug case and now she wants this money cuz she cant sell drugs anymore!!!

2007-11-26 07:45:55 · update #1

this is in newark new jersey

2007-11-26 08:02:51 · update #2

3 answers

You don't say your State, but in MOST places the courts will return the bail to the defendant, and you'd need to recover it from her.

Did she have a Public Defender? In most States the govt can recover the cost of the defense from the defendant after a conviction or guilty plea. That gives them an incentive to give the bail money back to her, then immediately keep it to pay for the PD, leaving you to recover from the defendant.

The procedures are very specific to each court system, sorry, so you'll need to consult a local lawyer who handles criminal cases. such a consult shouldn't be expensive - maybe one hours fees.

Richard

2007-11-26 07:52:52 · answer #1 · answered by rickinnocal 7 · 0 0

It's my understanding, through the laws of where I live, that the bail money gets returned to the one in power of the receipt showing payment. Don't let your mother get your goat....call the magistrates office, they will tell you exactly how it all works.

2007-11-26 15:49:23 · answer #2 · answered by REENIE29906 4 · 0 0

If she has no proof that the money was hers, I think you're in the clear. I'm sure when you signed the bail paperwork, it addressed who the money was being returned to so read over that.

2007-11-26 15:49:34 · answer #3 · answered by Sandy Sandals 7 · 0 0

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