Book of Laws

About the Suit 

About the Lawsuit:

Burford v. Delaware County

The lead Plaintiff in this case, Tony Burford, was arrested in 2016 for various criminal offenses, and bail was set at $60,000.00, requiring

Mr. Burford to post 10% or $6,000.00 with the Delaware County Office of Judicial Support. In 2017, some of the criminal charges against

Mr. Burford were withdrawn, some were dismissed, and he was found not guilty of the remaining charges. Because all of the criminal charges against Mr. Burford were resolved in his favor, under the law he was entitled to the return of his bail money, less 40% or $2,400.00 for a Bail Handling Fee. Mr. Burford personally went to the Delaware County Office of Judicial Support for his bail refund, but instead of getting a check for $3,600.00 ($6,000.00 - $2,400.00 = $3,600.00), he was given a check for $2,466.95.  When Mr. Burford protested regarding the amount of his bail refund, he was informed that $1,133.05 of his bail money was being retained to cover court costs, which consisted of $833.05 in Constable Fees, and $300.00 for what is called a Live Scan or Fingerprinting Fee. Because the Delaware County Office of Judicial Support refused to refund all of the bail money he was entitled to under the law, Mr. Burford filed a class action lawsuit on behalf of himself, and all other persons who may have had bail money impermissibly retained to cover Constable and Live Scan Fees, seeking the refund or return of the illegally retained bail money.  The lawsuit was filed in the Federal District Court for the Eastern District of Pennsylvania (Federal Docket No. 19-cv-00577) in 2019 and raises claims for violation of the United States Constitution against Delaware County, and for violation of Pennsylvania Common Law against Angela Martinez, the Director of the Delaware County Office of Judicial Support in 2017.  

Qualifications For 

Class Membership:

Attorneys would like to speak with anyone who posted cash bail and who had constable fees or live scan fees deducted from their bail refund  where the individual charged had their criminal case dismissed or ended with a not guilty verdict or was nolle prossed in the Court of Common Pleas of Delaware County for a potential class action lawsuit seeking to have the funds return

The above definition of potential class membership was approved by the Court, and pursuant to that definition you may be a member of the class, and entitled to a bail refund if:

  • You or a loved one were arrested and criminally charged in Delaware County, Pennsylvania and were required to post bail.  It does not matter how much bail you posted, whether the bail was posted by you personally or a surety (e.g. a relative or friend), or when (the date) you were arrested.

  • All of the criminal charges against you or your loved one were either withdrawn, dismissed, nolle prossed, or you were found not guilty, or any combination thereof.  This does not include anyone who accepted an Accelerated Resolution Disposition (ARD) or pled no contest.  

  • After the criminal charges were resolved in your or your loved ones' favor, the Delaware County Office of Judicial Support retained bail money to cover court costs such as Constable or Live Scan Fees and you were not refunded all of the bail money that you were legally entitled to.  If you don’t know or can’t recall whether bail money was retained to cover Constable or Live Scan Fees, but you satisfy the first two requirements listed above, you should still fill out and submit the form on this website or call the attorneys at the Delco Bail Refund Litigation Group so it can be determined if you had bail money impermissibly retained to cover court cost and if you are entitled to a refund. 

  • If you are a surety or posted bail on behalf of loved one charged with a crime and all of the above requirements are satisfied, you are a potential member of the class and may be entitled to a bail refund.