|
I was watching one of the crime shows on tv and it occurred to me: what do you
do if you are on your own, without any family, and you get arrested? What if
you have money in a bank account, but can't get to it?
|
| |
| |
On Apr 25, 7:40 am, Jerry <Je...@nospam.not> wrote:
I was watching one of the crime shows on tv and it occurred to me: what do you
do if you are on your own, without any family, and you get arrested? What if
you have money in a bank account, but can't get to it?
I'm guessing you can probably call your friendly local bail bondsman.
He comes to see you at the jail, has you fill out papework letting him
access your bank account to make a withdrawal in the specified amount
he charges for his services (a "power of attorney" form, or you just
write him a check) and, once he goes to your bank, makes the
withdrawal, and has the cash money safely in his own pocket, he puts
up the bond with the court to meet your bail and gets you out.
He may charge extra for that service, over what he would charge
someone whose relatives walk into his office with cash in hand.
He also then comes after you doggedly if you don't show up for trial
as ordered, but that's a different story.
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300
|
| |
| |
On 25 Apr 2008, Jerry <Jerry@nospam.not> wrote:
what do you do if you are on your own, without any
family, and you get arrested? What if you have
money in a bank account, but can't get to it?
This obviously will depend on the nature of the offense, the place of
the prosecution, on the defendant's ability to communicate, and on all
other relevant particulars.
Ordinarily, and presuming that the offense charged is a realistically
bailable one (a low-level first offense non-violent misdemeanor? a
homicide? not that the defendant allegedly participated in a
terroristic bombing of an occupied building in which many persons were
killed? an assault charge arising from a bar-room fight in which no
one was injured seriously? other?) and that the defendant is able to
communicate coherently in a language the relevant combination of D.A.,
court personnel and her privately retained or a court assigned lawyer
will understand and that (as the fact of having money in a bank
account suggests may be likely) she is not perceived as some
inherently incredible "Other" etc., etc., she speaks with her attorney
preferably before or at least at arraignment to try (if it is
necessary to try) to convince the arraigning judge to release her on
her own recognizance (in many courts especially for misdemeanors and
in the absence of a lengthy prior record, R.O.R. is common) or,
failing that, she or her lawyer does whatever is the then/there most
practical combination telephone and handwritten documentation (or, in
some larger municipalities, with an in-court facilitator's help) to
arrange bail herself or themselves or, failing that, and often more
sensibly, she telephones a presumably easy to find and communicate
with professional bail bond provider to do the necessary -- in other
words, by the defendant doing what is PRACTICAL in the circumstances.
But, Yes - there are some and perhaps even too frequent "horror
stories" of someone who "gets lost" perhaps even for shockingly long
times in "the System" -- although if and when so, the likelihood is
that such a person is a perceivedly indigent "Other" who doesn't have
funds in a bank account or whose treatment is exacerbated by some
combination of inadequately (or, maybe, overlooked) mental/emotional
difficulty or language/communication problems and, too, depending on
the nature of the charge and place of arrest and prosecution, maybe
deliberate racially or politically motivated mistreatment.
|
| |
| |
In article <dng3149rvu1jl1q1o0gk46rhsdu1arojoc@4ax.com>,
Jerry <Jerry@nospam.not> wrote:
I was watching one of the crime shows on tv and it occurred to me: what do you
do if you are on your own, without any family, and you get arrested? What if
you have money in a bank account, but can't get to it?
A partial list of possibilities:
Some bail-bondsmen make "house" (jail) calls. for just those situations.
You call a _good_ friend, who fronts the money.
You ask for release on 'personal recognizance'.
You hire an attorney, have them meet you (in jail), give them a written
'power of attorney' to access your bank account, and they get the money from
the bank.
|
| |
| |
|
