Legal Question in Criminal Law in Michigan

Hello,

I paid a fee to the bail bonds men for somebody who�s absconded.

Am I responsible for the full payment to the bail bonds agency now?

If I have to pay the whole balance to the bail bonds people, then do I have an option to recover the money from the court? When and how do I do that? Do I have any other options?

Thank You!

Ana


Asked on 4/07/10, 5:19 pm

2 Answers from Attorneys

Francois Nabwangu Wright Cantrell PLLC

Looks like you are out of luck, unless your man turns himself in. Its unlikely a court will modify a bond requirement after a Defendant has absconded. Call us for a free consultation 877 887 9562

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Answered on 4/12/10, 8:02 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Your issue is with the bail bondsman, not the court. You signed a contract with the bail bondsman. You essentially co-signed to the bail bondsman that your friend would show up at all future court hearing on his case. You became a guarantor. Your guarantee + the portion of the full bond amount that you paid to the bondsman (most or all of which was probably not being returned per your contract), the bondsman then co-signed the same promise to the COURT, which allowed your friend to be released. Your promise was the consideration for the bondsman's promise to the court which let the person out of jail. When he went AWOL, the court likely canceled the bond, meaning that the bondsman now owed the full bond amount to the court ... and then the bondsman is looking to you to pay him back per the bond contract you signed. As the first attorney said, the best possible thing for you to do is get the defendant back to court ASAP, which might affect the status of the original bond and might get the bondsman off your back. Regardless, let this be a lesson: never ever co-sign a loan or other promise for someone else unless (1) you trust that person with all of your property and (2) you are prepared to have your property taken away if that person defaults.

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Answered on 4/13/10, 5:41 am


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