Does the state have the right to give my bond money to a public defender ifI want to get my own lawyer?

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Does the state have the right to give my bond money to a public defender ifI want to get my own lawyer?

My step-father lives in WI but caught a case in IL. After about 1 year his bond was revoked for crossing state lines even thought before he was caught he lived in WI to begin with. When we tried to get our bond money back and hire a lawyer, the state kept over half of it and gave it to a public defender, who he doesn’t want. What can we do?

Asked on December 13, 2010 under Criminal Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would speak with either a bail bondsman in your area or a criminal defense attorney who is familiar with your state laws on the issue.  It would seem to me that if your step father violated the law and his bond was revoked then it could indeed be forfeited to pay for costs associated with your step father's defense, like paying back the state for the use of the public defender.  Whether he wanted one or not was one assigned and accepted? Even for the arraignment process?  Yes, it is true that you can fire your attorney at any time and retain a new one but that did not happen before he violated the terms of his release on bail.  Get help.


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