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Mexican restaurant owner's $3 million bond reversed, remanded

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The owner of a chain of Mexican restaurants in southeast Indiana charged with numerous crimes will have a lower bond after the Indiana Court of Appeals ruled a trial court abused its discretion in denying his motion to reduce his $3 million bond.

Dearborn Circuit Judge James D. Humphrey set Adolfo Lopez’s bond at $3 million surety plus $250,000 cash after Lopez was charged with corrupt business influence, conspiracy to commit corrupt business influence, four counts of forgery, all as Class C felonies, and four counts of Class D felony perjury. He faces up to 60 years in prison and a $100,000 fine if convicted.

Lopez was under investigation by State Excise Police who learned that the chain of Acapulco Mexican restaurants he owned might not have been reporting and documenting all sales. The Department of Revenue found sales were being underreported and revealed fraudulent Social Security numbers of employees. Search warrants were obtained for safety deposit boxes in Lopez’s name that revealed $3 million in cash.

Humphrey had a hearing on the bail-reduction motion but gave little weight to factors that weighed in Lopez’s favor, Judge Terry Crone wrote for the panel. The court was “troubled” by a ruling that didn’t account for the forfeiture of assets.

“We must emphasize that we are dealing with a constitutional right here, and the goal is not to punish in advance of conviction but to assure the defendant’s appearance in court,” Crone wrote. “Significantly, the State has already seized in excess of $3,000,000 from the search of Lopez’s safety deposit boxes. Nonappearance by Lopez jeopardizes his ability to eventually recover any portion of that large sum of money. This fact alone indicates that the risk of nonappearance is lowered and that the extraordinary bail set here is at an amount significantly higher than reasonably calculated to assure Lopez’s presence in court.

“We reverse the judgment of the trial court and remand with instructions for the trial court to set a reasonable bond amount based upon the relevant statutory factors,” Crone wrote in Adolfo Lopez v. State of Indiana, 15A01-1212-CR-550.

More than 100 other people initially were charged along with Lopez after raids in September 2012, but those charges have been dismissed except for those against Lopez and his brother.  
 

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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