ILNews

Defendant entitled to cash bail refund under former statute

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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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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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