Legal Question in Criminal Law in Oregon

bail money

on dec.1st I was wrongly acused and arested for sex abuse.On feb.27th the charges were dropped.I spent 3 days in jail till my family,friends,landlord and neighbors could scrape together their rent and food money ($5,000) to get me out.Now they tell me I won't get the full $5,000 back. They take 15%...why? Is this usualy the case? What is bail money for?


Asked on 3/13/03, 11:48 pm

1 Answer from Attorneys
David DenHartigh Attorney at Law

Re: bail money

Bail is primarily to insure that the defendant will appear for trial. I don't understand why the 15% assessment is taken except to say that the legislature passed it, so it's the law and like you, I don't like it either. 15% of $5,000 is $750 but they will only take $200. ORS 135.265(2) states in relevant part: "When conditions of the release agreement have been performed and the defendant has been discharged from all obligations in the cause, the clerk of the court shall return to the person shown by the receipt to have made the deposit, unless the court orders otherwise, 85 percent of the sum which has been deposited and shall retain as security release costs 15 percent, but not less than $5 nor more than $200, of the amount deposited."

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Answered on 3/14/03, 3:06 am


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