Legal Question in Criminal Law in California

If a person is on probation and they put a warrant out for them and arrest them , they bail out go to court and find out the the warrant was a mistake on the probation department or the court, the warrant was for not completing sentenced comunity service which had been done and all paper work showing completion had been turned in to the probation department, so at court after showing the judge the proof all charges were droped. so the question is how do I get my bail money back and should i of even had to pay bail money because when i was picked up for the warrant they said it was a warrant for the original charge which was stocking and my bail was set at 150,000 after my girlfriend paid it and the bail man took it up to the window he came back and said they made a mistake that it was only for 5,000 , and the warrant had been issued 8 months prior to them coming to my house and arresting me .so the second part to my question is that i heard that they cant charge you twice to bail out for the same charge if the same bail man was used.


Asked on 4/09/10, 11:42 pm

1 Answer from Attorneys
Allen Farshi Law Offices of Allen Farshi

If you are allowed bail for a related charge e.g probation violation, they can charge the bail premium again. The reason being the new charge is a separate and independent misdemeanor

even though it was a mistake. The only avenue you have is for a false imprisonment claim against the county, otherwise the bail money is unfortunately gone.

Allen Farshi, Esq

8183791777

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Answered on 4/19/10, 9:51 am


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