Q: I got picked up and charged with obtaining merchandise under false pretense and on top of that got a charge of
Obstruction went to jail got bonded out on the obtaining merchandise under false pretense 300.00 had court the next morning the only thing I was being charged with was Obstruction so I called my bondsman and explained and they said they would check into it and when they got back with me they said the obtaining merchandise under false pretense had be exonerated before court and only charge was Obstruction and it showed I or out on it. But was told by bondsman they added them to the Obstruction bond that said 1000.00 and got out on o.r. so my question is do I get the money paid back that was paid on the bond paid to bondsman?
A:
In this situation, it's essential to understand the specific details of your case and the bond agreement you signed with the bondsman. Generally speaking, when you pay a bondsman, you are paying a non-refundable fee (usually a percentage of the total bond amount) for their services in posting the bond on your behalf.
If the charge of obtaining merchandise under false pretense was exonerated before your court appearance, and you were only charged with obstruction, the bondsman might have applied the bond they posted for the first charge to the obstruction charge. This is because the bond is intended to ensure your appearance in court, regardless of the specific charges.
However, the specific terms of your bond agreement and the laws in your jurisdiction will determine whether you are entitled to a refund of any portion of the bond fee. Some factors to consider:
1. If you paid a percentage of the bond as a fee to the bondsman, that fee is typically non-refundable, as it is considered payment for their services.
2. If you paid collateral to secure the bond, you might be entitled to a refund of that collateral, depending on the terms of your agreement and whether you appeared for all required court dates.
To get a clear answer, you should:
1. Carefully review your bond agreement to understand the terms and conditions.
2. Contact your bondsman and ask for a detailed explanation of how your fees were applied and whether you are entitled to any refund.
3. If you are unsatisfied with the bondsman's response or believe you are entitled to a refund, consider consulting with a criminal defense attorney who can review your case and advise you on your rights and options.
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