February 17, 2010, 16:51
MMBCash Bond/Court Costs & Attorney's Fees
If a defendant is convicted, is there a way to get the money for the court costs and attorney's fees out of the cash bond? The defendant was convicted, placed on probation, and is now trying to get his cash bond back.
February 18, 2010, 11:11
Larry LIf the original terms of supervision ordered the defendant to pay court costs, attorney's fees, etc. on a monthly pamynet plan, you can file a motion to modify the terms of supervision to require those amounts to be paid within x days. It may be possible for the court to modify these particular terms sua sponte, without a hearing, but it would probably be "safer" to file the motion and have a hearing. I have included language in the past in guilty plea cases that the defendant is ordered to pay court costs, etc. from the proceeds of the cash bond, and have not had a formal complaint (thought there was certainly plenty of complaining!).
February 19, 2010, 08:36
ABSee also LGC 154.042/154.045.
February 21, 2010, 11:47
ESRFor what its worth...
I get the defendant to sign a waiver of his interest to the bond and an order from the judge applying the bond to fees, fines, restitution, etc. when I do a plea bargain, and if there is a remainder it goes back to the defendant. This has worked well for us.
Well, I guess we won't being doing this anymore....see GA-0773
If this same reasoning applies to appeal bonds, the way we handle traffic ticket appeals to county court just turned into a lot more work.