Legal Question in Criminal Law in California
I recently bailed my brother out of jail. A friend of mine paid the 10% with his credit card. My brother has since gone to court and the charges have been dropped. I just got a call from the bail bonds man who says the credit card payment somehow just now was declined and wants me to pay for the 10% plus fee's. I tried calling my friend who paid the initial payment to find out whats going on but he's no where to be found. Am I in trouble? Do I need to pay them back? The charges have been dropped on my brother, isn't everything over now?
4 Answers from Attorneys
The bail bondsman did what you hired him to do, and he is entitled to be paid for it per your agreement. If the credit card payment had gone through you would not be entitled to a refund. The fact that it didn't go through does not change the fact that the money rightfully belongs to the bondsman.
If you're the one who agreed to pay the bondsman, then you have to pay. It sounds like you made a separate agreement with your friend. You may or may not be able to enforce that agreement. Either way, the bondsman can enforce his agreement with you
Mr Hoffman provides a spot on analysis. Pay the bail bondsmen before it costs you more
When you went to the bail bondsman he/she bought an insurance policy guaranteeing that your brother would appear in court. The ten per cent is the cost of the policy and payment to the bail bondsman for his his/her time and effort. He can sue you if you don't pay his fee.
You don't owe the bail bondsman unless you signed an agreement with him. The entire matter is determined by whether or not there is an agreement with the bail bondsman.
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