Bail was forfeited?

[onedaddy]

Thanks for your good advise yesterday!  Unfortunately today is a new day....

My husbands ex filed false criminal charges against him in March 2004; he was arrested and made to post $2500 bail.  We forced a trial, which was set for June 8th, the same day the ex was to give birth to her new child.  Rather than march back into the courtroom, our lawyer sent a letter to the judge requesting an adjournment.  He followed up with a phone call to the judges chamber where he was told this would not be a problem, rather call on the court date and we will be given a new date.  
Well something went terrible wrong.  
The judge phoned our lawyer and stated if we were not there in an hour he would put out a warrant.  My god, we live 3-4 hours away so this was impossible.  We showed up the very next day.  The lawyer stated it was under his advisement that we not show up and everyone apologized. The judge threatened to rearrest my husband the bailiff behind him, handcuffs drawn and then stated don't ever do this again and vacated the warrant.
The trial came and went.  My husband was exonerated and the case was sealed.
I called the treasurer this afternoon to find out where the bail money was and was told it was forfeited back in June when the warrant was issued.  Yeesh!
I immediately called the lawyer who said, "Wow, you guys have no luck" when I told him a motion needed to be filed he responded "I don't even no what it should look like.  Maybe you can do it pro se."
To tell you the truth I don't want this lawyer anywhere near my case
anymore.

1. Is there a certain type of form that needs to be filled out?
2.  What format do I use?
3.  As it has already been sometime and we desperately need the money how can I expedite this?

Thank you, again and again!

[socrateaser]

>1. Is there a certain type of form that needs to be filled
>out?

Different jurisdictions have different rules. I don't know if there are form pleadings in your jurisdiction.

>2.  What format do I use?

If there are no forms, then you should copy the form of other pleadings in the case. For a generic motion, it would look something like this:

Comes now, Defendant, YOURNAME, pro se, and hereby moves for an order instructing the court clerk to refund all of the bail monies paid by Defendant in the above-entitled case, on grounds that the bench warrant, issued ??/??/??, against Defendant, that caused Defendant to forfeit bail, was set aside by the court, during Defendant's subsequent appearance, occuring ??/??/?? at ??:?? ?M, in Room/Dept. ?.

(END)

Do you have any documentary of the warrant being set aside by the court? If so, then it should be attached and referenced as an exhibit to the motion. If not, then you need to provide a sworn affidavit declaring that you appeared in court on a date and time certain, and that the judge "vacated" or "set aside" the warrant.

You don't need a lot of collateral explanation about how all this came to pass. When an order is "vacated/set aside" it is null and void, i.e., of no force and effect, and as if it had never existed. And, if the warrant never existed, then you cannot logically have forfeited bail, since there was no warrant to cause the forfeiture. However, if the court only "dismissed" the warrant, then you have a problem, because that means that it did exist, and you will need to actually move for reconsideration and ask the court to vacate the warrant.

>3.  As it has already been sometime and we desperately need
>the money how can I expedite this?

You would have to go to the courthouse and hope to get the judge to hear your motion and rule same day.

[onedaddy]

Do I get into detail or just the vague sentence like above?

THANK YOU!

[onedaddy]

Thanks for your good advise yesterday!  Unfortunately today is a new day....

My husbands ex filed false criminal charges against him in March 2004; he was arrested and made to post $2500 bail.  We forced a trial, which was set for June 8th, the same day the ex was to give birth to her new child.  Rather than march back into the courtroom, our lawyer sent a letter to the judge requesting an adjournment.  He followed up with a phone call to the judges chamber where he was told this would not be a problem, rather call on the court date and we will be given a new date.  
Well something went terrible wrong.  
The judge phoned our lawyer and stated if we were not there in an hour he would put out a warrant.  My god, we live 3-4 hours away so this was impossible.  We showed up the very next day.  The lawyer stated it was under his advisement that we not show up and everyone apologized. The judge threatened to rearrest my husband the bailiff behind him, handcuffs drawn and then stated don't ever do this again and vacated the warrant.
The trial came and went.  My husband was exonerated and the case was sealed.
I called the treasurer this afternoon to find out where the bail money was and was told it was forfeited back in June when the warrant was issued.  Yeesh!
I immediately called the lawyer who said, "Wow, you guys have no luck" when I told him a motion needed to be filed he responded "I don't even no what it should look like.  Maybe you can do it pro se."
To tell you the truth I don't want this lawyer anywhere near my case
anymore.

1. Is there a certain type of form that needs to be filled out?
2.  What format do I use?
3.  As it has already been sometime and we desperately need the money how can I expedite this?

Thank you, again and again!

[socrateaser]

>1. Is there a certain type of form that needs to be filled
>out?

Different jurisdictions have different rules. I don't know if there are form pleadings in your jurisdiction.

>2.  What format do I use?

If there are no forms, then you should copy the form of other pleadings in the case. For a generic motion, it would look something like this:

Comes now, Defendant, YOURNAME, pro se, and hereby moves for an order instructing the court clerk to refund all of the bail monies paid by Defendant in the above-entitled case, on grounds that the bench warrant, issued ??/??/??, against Defendant, that caused Defendant to forfeit bail, was set aside by the court, during Defendant's subsequent appearance, occuring ??/??/?? at ??:?? ?M, in Room/Dept. ?.

(END)

Do you have any documentary of the warrant being set aside by the court? If so, then it should be attached and referenced as an exhibit to the motion. If not, then you need to provide a sworn affidavit declaring that you appeared in court on a date and time certain, and that the judge "vacated" or "set aside" the warrant.

You don't need a lot of collateral explanation about how all this came to pass. When an order is "vacated/set aside" it is null and void, i.e., of no force and effect, and as if it had never existed. And, if the warrant never existed, then you cannot logically have forfeited bail, since there was no warrant to cause the forfeiture. However, if the court only "dismissed" the warrant, then you have a problem, because that means that it did exist, and you will need to actually move for reconsideration and ask the court to vacate the warrant.

>3.  As it has already been sometime and we desperately need
>the money how can I expedite this?

You would have to go to the courthouse and hope to get the judge to hear your motion and rule same day.

[onedaddy]

Do I get into detail or just the vague sentence like above?

THANK YOU!

[socrateaser]

>Do I get into detail or just the vague sentence like above?


What evidence do you have to prove that the warrant was vacated?

[onedaddy]

The day after the judge issued the warrant , we appeared before the judge after filing out a vacate warrant form.  He yelled, he screamed, he threatened and then he told my husband not to be mad at him it was his ex he should be mad at.  He then signed an order vacating the warrant.  I'm remembering be handed something in case we got pulled over before it was logged into the system.  I'm off to find it.

[onedaddy]

I just got all the info I needed.

Thanks so much for all your help and support!