The Nevada Supreme Court has ordered a Las Vegas judge to return a woman's bail money.
Gina Martinez posted $6,000 bail for her friend Patrick O'Kelly after he was arrested on criminal charges. Kelly later pleaded guilty in an agreement that stated he would forfeit $5,038 of the cash bail to satisfy his restitution.
Martinez moved through her own lawyer to get the money back, saying it was for bail, which she would eventually get back - not to pay restitution, which she can't get back.
District Judge Sally Loehrer denied the motion, ruling it was appropriate to apply the money to O'Kelly's restitution.
Martinez took the issue to the Supreme Court, which Tuesday agreed with her.
"Although this appeal raises an issue of first impression in Nevada, it is well recognized across the country that courts do not have inherent authority to apply cash bail to pay a fine, costs or restitution," the Nevada justices agreed.
According to Nevada law, they said bail may be applied to pay a fine or costs, but there is no provision allowing bail money to be applied to restitution. And they said there is no evidence Martinez consented to the plea bargain agreement.
The court ordered she get her money back.
