How do you file a Motion to receive bail refund for a case that was DOUBLE charged and now dismissed.

Asked 7 months ago - Philadelphia, PA

I was charged in Philadelphia with a drug charge. I turned myself in to the horror that I received 2 MC numbers instead of one. Each MC was a bail of 2 thousand dollars. My mother posted this. During the preliminary hearings ( PROSECUTION WITHDRAWN BY ADA--DEFENDANT DOUBLE CHARGED PER ADA). The case in now over and is dismissed. For The initial MC(charge) we received 80% of our bail per guidelines. We spoke to the cashier and motions department. They said we should write a motion to the judge and ask for our entire bail returned for the second MC that was put in error. My question is How do you write a motion and were can I get examples on how to do this.

Attorney answers (3)

  1. Ryan Michael Paddick

    Contributor Level 4

    1

    Lawyer agrees

    Answered . Have you tried to go to the information counter to get a certified copy of the withdrawal and taking the copy to the basement cashier for your refund? If not, try that first before going through the trouble of filing a motion. Granted I am only in Philly on occasion, but I have not had any problem having clients get bail refunds this way. Sometimes there is a delay with processing. But that is the only problem I have had. If this suggestion works for you, follow up with a post.

  2. Thomas J. Wagner

    Contributor Level 19

    Answered . This is a highly unusual situation so I doubt that there are specific forms available that you could follow. Since the amount involved appears to be $400.00 it doesn't seem practical to hire an attorney. I would suggest that you go to the law library to see if you can find any forms for motion for return of bail and then used that as a template to write your motion and allege the facts as they occurred. If you were represented by the public defender see if they can help you. You could check with the District Attorney's Office to see if someone there can help you. They have no interest in seeing you financially punished for a mistake mad by the justice system and certainly wouldn't oppose your motion, so they may even help you draft the motion or simply draft an unopposed order for the judge to sign.

  3. Ryan Michael Davidson

    Pro

    Contributor Level 15

    Answered . There's not really going to be a form for this.

    I'd ask the attorney that's helping you with the other case to help you with this. It should be pretty trivial.

    Barring that, you can probably get away with a document that has all of the proper case information at the top--copy off the other paperwork you've got for the case--which explains, in clear and simple terms, what it is that you want. Put your name at the bottom, sign and date it, and give it to the Clerk of Courts.

    This answer does not constitute legal advice and does not establish an attorney-client relationship.

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