Can you use the bond money to pay for your lawyer? 10 Answers as of December 27, 2013

I paid my daughters bond she has $450 on a public defender she wants to hire a lawyer with that bond money can she do that? I paid my daughters bonds thinking I would be getting them back when she went to court since then she has racked up 13 total charges on driving while suspended, drinking, no seat belt, no insurance, reckless driving, reckless endangerment to others. She said she was going to hire a lawyer to get her bond (my name is on the bond receipt I paid it out of bill money thought I would have it back before now) she said that if she hired a lawyer to represent her the lawyer would be able to get the bond for his payment is that so?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
The bond money is for the bondsman. He is not giving the money back so you can give it to the attorney.
Answer Applies to: Georgia
Replied: 12/27/2013
Cramer Cramer LLC | Aric Cramer
Maybe. If you used a bondsman, the money paid is usually his fee. If your daughter's bail was $4500 (and with 13 charges it probably was) the bondsman collects a 10% fee to put his bond on the account and secure her release. That money is never coming back. A bond stays in place until the case is completed by either a dismissal or a sentencing to ensure the attendance of the defendant. If however the total of the bail was only $450, an attorney can go to court and ask that the bail be modified to an O.R.(own recognizance) release and the bail money could be returned to you.
Answer Applies to: Utah
Replied: 12/17/2013
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I think not, and stop enabling your daughter's abuse of herself, you and the system.
Answer Applies to: Michigan
Replied: 12/12/2013
Hudson Bair | Hudson Bair
You really haven't provided enough information but if you paid 100% of the bond (didn't use a bail bondsman) then you are entitled to a 100% refund when the case has resolved, if you used a bail bondsman then what you paid is the "fee" and the bondsman gets the money back when her case resolves. From your other facts (bail=$450 with several charges) I suspect that her bail was $4500 and you paid the usual 10% to get her out using a bail bondsman. If you paid the full bond, you make be able to find a lawyer willing to work for $450.
Answer Applies to: California
Replied: 12/12/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Depends on who you paid the bond to. If it was to a bondsman then the answer is no.?? If to the court then the answer is maybe.
Answer Applies to: Michigan
Replied: 12/12/2013
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Yes. The bond can be used to pay attorney's fees (including the public defender ), court fines or restitution.
    Answer Applies to: Illinois
    Replied: 12/9/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    No. A bond is for insurance and the bondsman, not for a lawyer.
    Answer Applies to: Nevada
    Replied: 12/9/2013
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    You are going to need a retainer of $2,000 for a serious case like that. You can call me and a lot of lawyers to see who can set up a payment plan but the bond is not used to pay a lawyer.
    Answer Applies to: New York
    Replied: 12/9/2013
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    No, sorry, you are misinformed. The bond money is probably an initial payment on the total fee owed to the bondsman, which is based on the amount of bail at the time the bond is posted. Once he bails her out, his fee is earned and you owe him the money you agreed to pay even if she is later released by the judge on her "own recognizance (OR)." If you want to hire an attorney you are going to have to do this with other funds. That is very often the dilemma: do I hire a lawyer or do I bond out? My opinion (biased though it may be) is that you hire a lawyer first. In many if not most instances, the bail amount is much higher when the person is booked into jail for a variety of reasons; that bail amount is almost always lowered - especially if you have a good criminal defense attorney - or the accused is released either on an "OR" or by the jail for overcrowding. If you've bonded out in this situation, you won't get your money back from the bondsman, and they will rarely tell you that you will probably be out soon on the charges, and will essentially be wasting your money. But that's how they make money - posting bond for people in jail. There are situations in which posting bond is going to be the only way the person is going to be released pre-trial, but those almost always involve the more serious cases. So, I'm pretty sure you are going to be out of luck if you are counting on the money you paid to the bondsman to be used to hire a lawyer.
    Answer Applies to: California
    Replied: 12/9/2013
    The Adkins Law Group | Daniel S. Adkins
    Unfortunately, no. The 'bond' is actually an insurance policy you buy with a third-party agency, usually for 10% of the total secured amount. That money is spent. The Public Defender is close to free... whereas private counsel costs around $2K for a first offense.
    Answer Applies to: Minnesota
    Replied: 12/9/2013
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