ACLU Challenges Unfair Bail Forfeiture
July 13, 2009 - The ACLU is directly representing Maria Araujo as she seeks remission of a court order demanding that she pay her brother-in-law’s security deposit of $20,000.
Ms. Araujo’s brother-in-law, Emiliano Marquez-Marquez, was arrested after a car accident for identity theft after he tried to identify himself to the police by using his brother’s driver’s license. Ms. Araujo acted as Mr. Marquez-Marquez’s surety, and provided the security for his release.
She deposited $2,000 with the Washington County Circuit Court clerk, which was ten percent of Mr. Marquez-Marquez’s set security amount. However, instead of releasing Mr. Marquez-Marquez, the Washington County Jail turned him over to the custody of U.S. Immigration and Customs Enforcement, which transported him to its detention facility in Tacoma.
As a result, Mr. Marquez-Marquez missed his Washington County Court date, and the court issued a notice indicating that it has entered an order forfeiting the entire security amount, $20,000. The ACLU, on Ms. Araujo’s behalf, requested a hearing seeking remission of the forfeiture order, and is awaiting an order from the court scheduling the hearing.
Daniel Cross of the Law Office of Daniel Cross is the ACLU cooperating attorney on this case.