Bail money

mfceiling

What happens to bail money if someone is found guilty?

We were discussing this in work yesterday. Do they keep the bail money for anything? If the person is innocent do they give the bail money back to the person?

Thanks.

sidcon

mfceiling wrote: »

What happens to bail money if someone is found guilty?

We were discussing this in work yesterday. Do they keep the bail money for anything? If the person is innocent do they give the bail money back to the person?

Thanks.

http://www.courts.ie/offices.nsf/lookuppagelink/0F835AC1CFB039A080256E78003F26A2

GrumpyMe

http://www.citizensinformation.ie/en/justice/arrests/bail_and_surety.html

the world wonders

Bail Act 1997 wrote:

(3) Where a person charged with an offence is admitted to bail by a court and—


(a) he or she is discharged in relation to that offence pursuant to section 8 (5) of the Act of 1967 or otherwise,


(b) a nolle prosequi is entered by the prosecutor in respect of the offence, or


(c) he or she is convicted or found not guilty of the offence charged or of some other offence of which the accused might on that charge be found guilty,


and if the conditions of any recognisance entered into by a person in connection therewith have been duly complied with, the court before which the accused person was bound by his or her recognisance to appear shall make an order that the amount of any recognisance paid into court by any person in connection therewith shall be repaid to the person and shall discharge any order made under subsection (2) and release any security accepted by the court under that subsection.

tl; dr: you get the bail money back if you turn up for the trial, guilty or not guilty.

Victor

the world wonders wrote: »

tl; dr: you get the bail money back if you turn up for the trial, guilty or not guilty.

Not quite, the person who pays it gets it back, if the accused follows the rules

Ken.

I had to pay bail once over a misunderstanding where I was never summonsed for no tax but got jailed in my absence. I paid the bail €600 and turned up for my case and 6 weeks later got a check for €602.53. My bail plus interest.

tipptom

If bail is at say 200,000,do you have to post all of that or can you put up a security and why is there no bails bondsmen in this country.

coylemj

tipptom wrote: »

If bail is at say 200,000,do you have to post all of that or can you put up a security and why is there no bails bondsmen in this country.

What cash is required upfront is down to the judge and there are no bail bondsmen in this country because they would have no legal right to apprehend someone who skipped bail unlike they way they seem to do in the US.

mfceiling

Cheers everyone.

I watched a TV show last week where a lad was accused of beating a girl and his mates paid £3500 bail. He was found not guilty. I was wondering if he was found guilty would his mates lose their money. Question answered!!

ArmaniJeanss

mfceiling wrote: »

Cheers everyone.

I watched a TV show last week where a lad was accused of beating a girl and his mates paid £3500 bail. He was found not guilty. I was wondering if he was found guilty would his mates lose their money. Question answered!!

Was it an American show? If the £3500 was to a bail bondsman in the US then the friends wouldn't get the money back regardless of the verdict.
To clarify, bail may be set at $50K which you don't have, the bondsman will take say $4K that you can come up with it and pay $50K to the court for you but the $4K remains with him as his fee.

Fred Swanson

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Pat Mustard

Fred Swanson wrote: »

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There aren't professional bail bondsmen in Ireland.

The person who pays bail is likely to be a family member. Therefore, they don't come looking to that extent.

Fred Swanson

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tipptom

coylemj wrote: »

What cash is required upfront is down to the judge and there are no bail bondsmen in this country because they would have no legal right to apprehend someone who skipped bail unlike they way they seem to do in the US.

What would be the average to put up cash and how is the rest of it secured from the bail poster and how do they chase if the accused does a runner.


Its something from the courts that the average person know little about and has there being any famous cases where the accused skipped and the courts pursued the poster.

Fred Swanson

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the world wonders

tipptom wrote: »

Its something from the courts that the average person know little about and has there being any famous cases where the accused skipped and the courts pursued the poster.

Here's one recent case where a substantial sum was forfeited when the accused did a runner:

Attorney General -v- Rory Doyle otherwise known as David West
...
His bail was subject to a number of conditions, ... that he enter into his own bond in the amount of €25,000 (none of which was required to be lodged), and that there be one independent surety in the sum of €100,000, all of which was to be lodged. The Court approved the respondent's mother, Maura Doyle as such independent surety, and the said amount of €100,000 was lodged in the form of a Banker's draft.
...

25. I will make whatever order is appropriate for the forfeiture of the sum of €100,000, and interest thereon if any, to the State.

Quick summary: child molester's mother forfeits her €100k bond despite some quite extraordinary incompetence by the gardai.

Newspaper article: Irish doctor forfeits bail of €125,000 after fleeing US child abuse charges

tipptom

the world wonders wrote: »

Here's one recent case where a substantial sum was forfeited when the accused did a runner:Quick summary: child molester's mother forfeits her €100k bond despite some quite extraordinary incompetence by the gardai.

Newspaper article: Irish doctor forfeits bail of €125,000 after fleeing US child abuse charges

It seems in that case that the judge believes that there was no independent surety put up but that the accused put up all the money up himself not the mother,if that is the case then the mother has some questions to answer although she is very elderly.

Carawaystick

Who minds the money if cash is lodged? Is it the state? a particular registrar?
Thinking of the cash stollen from a shop in Lusk and recovered by gardaí, before some was stolen again from the lockup in Balbriggan Garda Station.
I overheard the shopkeeper tell an auld dear in the shop "That money is gone"

Ken.

I paid mine in cash to the clerk of the court and they gave me a receipt. When I got my cheque back the payee was 'Office of the clerk of the court Naas'

ohnonotgmail

Fred Swanson wrote: »

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from personal experience a bail bondsman (in the us at least) wont put up a bond without collateral.

CIARAN_BOYLE

Carawaystick wrote: »

Who minds the money if cash is lodged? Is it the state? a particular registrar?
Thinking of the cash stollen from a shop in Lusk and recovered by gardaí, before some was stolen again from the lockup in Balbriggan Garda Station.
I overheard the shopkeeper tell an auld dear in the shop "That money is gone"

stolen property is different in that the state will retain it as evidence for a significant period of time if stolen and not return to the owner.

Fred Swanson

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seamus

ohnonotgmail wrote: »

from personal experience a bail bondsman (in the us at least) wont put up a bond without collateral.

I imagine there are different scales of bondsmen in the US who operate on different criteria.

For white-collar criminals with good backgrounds, you'll get your ordinary bondsmen who'll take your deposit and title deeds for your million-dollar home as collateral. If you skip, he forecloses on your house. He's not going to go to the trouble of trying to track you halfway across the planet.

If you're Billie-Bob who lives in a trailer, then the more "respectable" bondsmen will turn you down and you're left with the likes of Dog who threaten you with being tracked down and severely beaten if you skip bail.

Carawaystick

CIARAN_BOYLE wrote: »

stolen property is different in that the state will retain it as evidence for a significant period of time if stolen and not return to the owner.

The issue with Balbriggan cops is that the state did *not* retain the recovered cash...