City and county of Denver CO. It was assault 3 and criminal trespassing, but the police called and have decided to drop all the charges. The bail was $500.00 to a bailbondsman, do I get that money back, since the charges are being dropped?
If it was posted to the Court through cash, you would get your bond money back. However, normally not through a bail bonds man. It has been 10 years since I have dealt with this issue. However, I was a County Court Judge from 1995-2002 in Cortez, CO and we would have that situation come up once in awhile when bond was just RECENTLY posted through a bondsman and charges were dropped. There WAS (I am not sure if it still exists) a portion of the bondsman statute that did allow a person to apply to the county judge for relief to get at least a portion of that bond amount back. However, as I have said, it has been years and I am not positive it is still in the books. If the bond was only $500, you would have given the bondsman $50-$75 along with collateral. I think trying to get a portion of that back would be more trouble than it is worth, even if that statute still exists. Sorry
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General Practice Lawyer
Mr. Leroi refers to a statute that allows you to petition the court for a return of some of your dolalrs and yes, that statute does still exist! In fact, I recently used it in an Arapahoe County Case. Move quickly to ask for your money as the more time that goes by, the less you will receive.
The statute that matters is C.R.S. §16-4-108(1.5) and reads, in pertinent part, as follows:
If, within ten working days after the posting of a bond by a defendant, the terms and conditions of said bond are changed or altered either by order of court or upon motion of the district attorney or the defendant, the court, after a hearing, may order a compensated surety to refund a portion of the premium paid by the defendant, if necessary, to prevent unjust enrichment.
Best of luck!!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
If you paid the full amount of the bond then it will be returned to you at the end of the case (dismissed or not). However, if you simply paid a fee to a bondsman and the bondsman put up the money, you will not get a refund. The fee is what the bondsman charges for using his money to post your bond.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.