What to do if I was arrested and booked with 2nd DWI but it was only my first?

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What to do if I was arrested and booked with 2nd DWI but it was only my first?

My bond was set improperly and I had to pay it because I didn’t want to lose my job. What can I do about this? Can the charges be dropped and can I get my money back?

Asked on February 21, 2013 under Criminal Law, Louisiana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your main remedy was to seek a bond reduction before you posted the bond.  Many jurisdictions have schedules that they use as guidelines and will routinely reduce the bond when outside of the guidelines without a good reason. 

You can try to get the bond lowered after the fact, but getting your money back may not happen, especially if you used a bonding company.  Despite the subsequent reduction, they would be entitled per your contact to keep the funds they have already received.  The court will have no authority to order them to return your funds unless they breached their agreement.   If you paid funds directly to the court, you can see if they will consider lowering your bond and returning part of the funds.  Even though you have a better chance under this set of facts, it's a slim, but viable option.  For this option you would need to file a motion to reduce bond on the basis that you have described in your question.  You would then need to get with the court clerk to arrange for a hearing on your motion.


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