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Defendant entitled to cash bail refund under former statute

January 27, 2014

A pro se litigant convinced the Indiana Court of Appeals that he was entitled to a refund of a $250 cash bond. The COA reversed a Monroe Circuit order denying a motion for release of cash bond dating to 2003.

In Thomas D. Dillman v. State of Indiana, 53A04-1306-CR-289, the appeals court panel in a five-page order remanded with instructions for the trial court to release the bond.

“Because Dillman’s  $250 bond was a cash bond posted under Ind. Code § 35-33-8-3.2(a)(1), the court was not authorized to retain the bond for any purpose,” May wrote.  “We must accordingly reverse the denial of Dillman’s Motion for Release of Cash Bond and remand for further proceedings consistent with this decision.”

The panel noted, however, that I.C. 35-33-8-3.2 was amended in 2006, allowing a court to retain cash bonds in some situations, such as to pay publicly paid costs of representation, fines, costs, fees or restitution upon conviction.
 

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