Who gets sued for the lost bail $ in a false charges case?

If it's a straight bail, the court will return that.





If you bonded out, that is, paid 10% to a bondsman, then you could try suing the police or prosecutor's office, or whomever. But you'll need to show that they were malicious or negligent in bringing charges against you. That's very rarely the case.Who gets sued for the lost bail $ in a false charges case?
You would have to prove the prosecution wasn't just false, but malicious. If you can prove that, you might have a claim.





People get accused of crimes of which they are innocent; that's why we have trials. You don't have a claim if everything was done properly and the prosecution and police acted in good faith.





If you want to make a claim against the person who falsely accused you, you must still show it was malicious, but you might be able to do this in the small claims court.Who gets sued for the lost bail $ in a false charges case?
If you think you can prove your case in court (that you were falsely arrested and held for no reason), you can file a case against the department and sue for damages. Most probably you will find a lawyer who will take the case pro bono and will want 45% of the award, so make sure that you are suing for you bail, damages and the amount of the layers fee. get a jury trial. They will tell you that you can't sue the police dept or the sheriff, but you can
If you can prove that the police complaint was made maliciously, then you can sue the person that made it.





To Barry.... yes, Bail money IS (usually) lost.





In most cases people make Bail by paying a fee - typically 10% of the bail amount - to a bondsman, who posts a bond for the full amount. That 10% is lost for ever, regardless of the disposition of the case.





Richard
Bail isn't lost, it is repaid when the accused shows up for trial.





Has nothing to do with guilt or innocence, just showing up.
Bail if put up with the court is returned, if you bay a fee to a bail bonding company, it is not lost, but is a fee paid.





No, you can't usually sue unless you can prove malicious prosecution, which is very hard to prove.





Don't count on finding a lawyer who would take the case pro bono, only an idiot would do that. You are going to have to pay for the lawyer's time to pursue the suit.