Legal Question in Criminal Law in California
I am in California and stole merchandise that was under $50 and my bail was set at $70,00.
When I went to court the judge says that the bail was set at grand theft and this charge should have been petty theft. I made bail and paid $7,000. Since I paid for bail for grand theft instead of petty theft, could I get some money back from the bail bondsman for paying bail on wrong charges?
Could I take any legal action, maybe civil suit, against the bond company to receive some money back because it was a clerical error? Can I fight this? What are my options?
Thank you for your time and advice.
5 Answers from Attorneys
The bail isn't set by the bail company. The bail is determined by the charge you are arrested for. So, if there's any negligence, it would seem to be by someone other than the bail company. But you should direct your question to a civil attorney as the question you ask is civil and not criminal. I wish you well............... David Wallin
You have no case against the bailor, you are blaming the bial bondsman for helping you when you needed help. BUT I LIKE that you admit what you did, you are the first here to do that. Not everyone should, don't want confessions on the net, but at least you do not say "Somone hung a petty theft charge on me for no reason".
Call me for advice, free.
I've been participating in LawGuru quite a bit longer than Mr. Fleetwood, and I have seen plenty of users admit their crimes. Such honesty is not as rare as one might suppose. And as Mr. Fleetwood notes, honesty in the wrong place and at the wrong time can be very damaging.
I otherwise agree with what he and Mr. Wallin have said. The amount of your bail was set by the court. You asked the bail bondsman to post it for you, and he did. If the amount should have been less, it wasn't his fault. He performed the service you hired him to perform, and he is entitled to keep the fee you agreed to pay him. After all, even if this was a clerical error, it was made the the court's clerk and not the bondsman's.
The error was made by the sheriff who held you in custody, by fixing the wrong bail under the county bail schedule, not by the bailbondsman. If you had remained in custody, you could have asked an attorney to lower your bail first, and then had the bail bondsman pay the reduced amount, instead of the wrong amount. That's why attorneys advise clients to get an attorney as soon as possible, even when in custody.
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