Legal Question in Criminal Law in Florida

Bond Reund

I bailed my boyfriend out of jail around Dec. 27. $250 each charge there were 2 ($500). I was told by the officer I would receive my money back when he went to court. He went to court Feb. 1. The clerk of the court refused to refund my money because the judge decided to reschedule a sentence or punishment/verdict of the case. They also told me the court costs and other fees would be taken from the bail money. I would like to know what are my rights to the refund. I do not feel I should be entitled to pay his legal fees and court costs. Please advise


Asked on 3/06/06, 12:47 pm

2 Answers from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Bond Reund

The court is allowed to pay those fees from a cash bond. Your only recourse is getting the money back from your boyfriend.

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Answered on 3/07/06, 10:11 am
Richard Hornsby Richard E. Hornsby, P.A.

Re: Bond Reund

Unfortunately, a recent law change allows the Clerk to Seize your cash bond. Below is the text of the Statute.

903.286 Return of cash bond; requirement to withhold unpaid fines, fees, and court costs.--Notwithstanding the provisions of s. 903.31(2), the clerk of the court shall withhold from the return of a cash bond posted on behalf of a criminal defendant by a person other than a bail bond agent licensed pursuant to chapter 648 sufficient funds to pay any unpaid court fees, court costs, and criminal penalties. In the event that sufficient funds are not available to pay all unpaid court fees, court costs, and criminal penalties, the clerk of the court shall immediately obtain payment from the defendant or enroll the defendant in a payment plan pursuant to s. 28.246.

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Answered on 3/06/06, 9:25 pm


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