I was arrested on 2/6/12 and bonded out that day. I was sentenced on 8/28/12 and my case was closed. I was placed on probation after doing 30 days in county jail. My mother posted an 1800$ bond for my release 2/6/12. I have done every single task the law has required of me and the superior court had failed to exonerate hew bond money back to her. Finally we filed a motion for the judge to exonerate and we heard no news from the judge either that he had signed the motion; nor that he had denied it. On 4/13/13 My Mother recieved a letter in the mail from our bondsman, the bond had been exonerated. After 1 year and 2 months she finally had her money back. Well, much to our dismay, the amount was short 350$. She got a check for 1450$ and we were appalled. The bondsman wrote down expenses for a lawyer for 250$ and "agent hours" charge of 100$. After all the frustrating and unecessary waiting she had suffered through, now the check had finally come, but only 3/4ths the initial amount was returned.
I have 2 questions please if anyone can shine some light on this dark situation:
My mother paid 1800$ for my release and signed paperwork contractiing her back the money if I complied with everything I was ordered to do witch I have done to a immaculately. At the time of bond, she also paid the normal 10% of 180$ for the service, and a bogus charge of 130$ for "miscallaneous fees" on the day of signing. Is it legal for the bondsman to hold any extra fees beyond the initial service fees already paid?
2. The bondsman says he had to hire an outside lawyer to file a motion to the court and his fees were 250$ The motion that my Mother and I filed was free, and the bondsman took it upoon himseft to hire a lawyer without our consent. No one infromed us there would any more charges. Suddenly, this man decides he is going to spend my mothers funds on a lawyer she didnt want to represent her in a court case she and I were unaware of with the explanation that "he was trying to be nice and get some money back to us because he knew it had been a long wait" Is it legal for this man to take and spend secured and documented bond money on whatever he choses might be "nice of him" to purchase? Like a lawyer we have never met, and a hearing we were not informed of!!
I think it is tragic what my mother has been through with the whole ordeal. Especially the wait for the return of the money she so rapidly paid out to the bondsman. Is this type of behavior illegal on the bondsman's part? What constitutional grounds does he believe he stands on? He refuses to answer my questions and always transfers me to a 3rd party receptionist who cant understand the heartache that has occured due to these bail bondsman malpractices. Please if anyone can help me get some clarity on this horror, My family would be so graciously appreciative. Thanks
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