ILNews

Man waited too long to ask for return of cash bond

Back to TopCommentsE-mailPrintBookmark and Share

Although the trial court was not statutorily authorized to retain a man’s cash bond in 2005, the Indiana Court of Appeals affirmed the denial of his motion to release the bond because he waived his argument.

Thomas Dillman was charged with three drunken-driving offenses and paid a $700 cash bond to be released from jail in September 2005. He pleaded guilty to one count two months later, and the trial court said Dillman would pay costs and fees out of the cash bond. Dillman never appealed that order. Then, in 2011, the trial court released the remainder of the cash bond for probation fees. Dillman also did not appeal this order.

In April 2013, he filed a motion to release the bond, which the trial court denied the same day.

The state conceded that the trial court did not have statutory authority to retain the bond to pay for court costs, but it argued that Dillman waived his claim when he failed to appeal the court’s orders. Dillman countered that the orders constituted an illegal sentence, which is a fundamental error he can raise at any time.

The Court of Appeals found Dillman should have filed a motion to correct error or notice of appeal within 30 days of the November 2005 order. He waited nearly eight years to dispute the release of his bond for court costs.

Dillman can’t bypass the waiver issue by arguing fundamental error because the error did not constitute an illegal sentence nor was it a fundamental error, Judge Rudolph Pyle III wrote in Thomas D. Dillman v. State of Indiana, 53A05-1306-CR-274.  

“Although the trial court made its statement regarding costs and fees at sentencing, the trial court’s order requiring Dillman to pay his costs and fees was not part of his sentence. In 2005, when Dillman was sentenced, INDIANA CODE§ 33-37-2-2(a) provided: “[c]osts in a criminal action are not a part of the sentence and may not be suspended.” In turn, “fees” . . . “are costs.” I.C. § 33-37-2-5 (2005). Therefore, the trial court’s order regarding Dillman’s costs and fees was not a part of his sentence, and his sentence was not illegal,” he wrote.

“Although the trial court should not have retained Dillman’s cash bond, it released the money to pay for Dillman’s costs and fees, which Dillman was required to pay regardless.”

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT