Legal Question in Business Law in California

If a person is arrested and bails out of jail, and then at their arraignment, the DA does not file charges against them, is that person then entitled to damages for any bond fee that was spent to pay a bondsman to bail that person out of jail? Would the police or the DA be liable for that person's bond fee?

For example, if the police arrest a person and charge that person with a crime. That person then pays a bond fee for a bail bondsman to post the bail bond for their release. That person then shows up for their arraignment, and at the arraignment hearing, the DA does not file charges. At that point, does that person have damages for the bond fee he spent for his release that the DA or the police would be liable for?


Asked on 2/13/12, 10:01 am

4 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Not often. The bondsman has performed his function, and the person who benefitted by being bailed out does not, in general at least, have any claim against anyone for the bond fee. There are, however, circumstances in which the arrest and incarceration were totally without "probable cause" and the arrestee/detainee might have a cause of action against the police (or, perhaps, the district attorney) based upon "false imprisonment" or (less likely) "malicious prosecution". Either of these would require a fairly strong evidentiary showing that the defendant (police or D.A.) were not trying to do their duty but were acting inappropriately against the detainee.

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Answered on 2/13/12, 11:44 am
Terry A. Nelson Nelson & Lawless

is that person then entitled to damages?

No. Not unless you can show 'willful and intentional' misuse of the legal system, which is highly unlikely. If you have any documents or witness statements that prove they charged you, knowing at all times that you were 'innocent', call me.

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Answered on 2/14/12, 4:11 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Mr. Whipple and Mr. Nelson are right, but they are talking about actually bringing a lawsuit against the authorities for misusing the system against you. If that is really what happened and you sue them successfully you would be awarded damages, including compensation for the bond fee. My sense is that you had something less drastic in mind.

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Answered on 2/16/12, 7:43 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Hoffman. The only way that I can see that you could recover the bail fee is to successfully sue someone for false arrest. Those are difficult cases, and police have immunity to some degree.

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Answered on 2/23/12, 9:16 am


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