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quote: -------------------------------------------------------------------------------- Originally posted by Richard M: .... 3) What, if anything would happen to the fee if the prosecutor neither accepts or declines the case. He simply ignores it? ... 5) Apparently all prosecutors (both D.A. and County) will need to develop some type of for "officially" declining a case in order for the bondsmen to collect the refund does anyone have an example? .... 8) Is a case that is dismissed after filing a "declined" prosecution or is it that once a case has been filed the money remains with the State regardless of final disposition. -------------------------------------------------------------------------------- These were a couple of Q's posed a while back and seem to mirror an issue that has been posed to me just now. I guess the main question has to be is there a definition of what constitutes "Decline to prosecute"? If a case is first accepted and filed only to be dismissed later, for whatever reason, is this considered as being declined (not counting a case that is dismissed as being taken into consideration for a plea on another)? Has this been decided or does it simply depend on what the Bail Board decides? Thanks in advance. | ||
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While I am hesitant to rely upon the Attorney General in a courtroom, look at Op. Tex. Att'y Gen. No. GA 0207 (June 23, 2004) for help on a definition of 'Decline". | |||
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Sorry for the delay in saying Thank you very much, but Thank you Very Much. Not sure why I couldn't find that. | |||
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