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snopes
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I've never been arrested, so my only experience with it comes through TV shows and movies, which always portray arrested persons as waiting around in cells until friends or relatives come to bail them out. (Evidently no TV or film character has ever needed the services of a bail bondsman.)

My question: Do states have specific laws or regulations that prohibit arrestees from posting their own bail? Or is it more the case that there's simply no practical way to do it, since the police confiscate your personal possessions (including your wallet) when you're booked?

- snopes

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Dark Blue
The First USA Noel


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I know that here there is nothing against it, its just that the jail here doesn't except checks or cards, cash only and most people don't usually carry around that kind of cash with them. If you get arrested somewhere besides maybe at home, its doubtful that you will be able to get the money before going, and so have to depend on a friend or family memeber to get it for you. I have booked people who have posted their own bail though. I suppose jails policy on bail can vary from jail to jail.

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CD
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In Massachusetts if, like stated above, you have the loot on you, you may post your own bail. However, if you are intoxicated while arrested you must have a ride. Also, if you are a juvenile who can happen to post your own bail, you still must have a parent/guardian pick you up.
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JFB
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The bail bond seems to work for most unbefriended prisoners.

That still leaves us with states issuing conditions for release but depriving prisoners the ability to meet those conditions through their own means.

Seems Constitutionally problematic. Any professionals or better researchers than me want to shed some light on that?

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Pogue Ma-humbug
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quote:
Originally posted by snopes:
My question: Do states have specific laws or regulations that prohibit arrestees from posting their own bail?

Kentucky law is nearly unique in this area, because it prohibits bail bondsmen. But it does allow you to post your own bond, or put up your own property.

The only time this would be prohibited is when you have a "third-party, unsecured bond." That means someone else would have to sign you out and pledge that you will return. It's kinda one step down from an OR bond in that you are not quite responsible enough to sign yourself out.

In fact, the only person prohibited from posting your bond is your lawyer.

Pogue

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Kathy B
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In California, an individual can post with the court the cash amount of the bail to secure his or her return to court on the set times and dates until the case is concluded. Then the bail is refunded. You can also pledge a "property bond." Posting a property bond means you pledge the value of real property to the court to guarantee the defendant will appear in court. property bond. efore the court can accept the property as a defendant's bail, there will be a hearing. At the hearing, the court will determine who is the legal owner of the property and how much it is worth.

The above is from sn assortment of superioer court web sites

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jsbumed
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In Illinois there is no problem paying your own bail. In fact some officers in slower towns will even offer to take you to an ATM to get the money
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AliBaba
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quote:
Evidently no TV or film character has ever needed the services of a bail bondsman.)
One exception - the character of Max Cherry in " Jackie Brown" was a bailbondsmen.

Ali "half a million dollars will always be missed" Baba

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Joe Bentley
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quote:
Originally posted by Introducing, the Pogues:
In fact, the only person prohibited from posting your bond is your lawyer.

Why's that? Just general conflict of interest?

--------------------
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Pogue Ma-humbug
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quote:
Originally posted by Joe Bentley:
quote:
Originally posted by Introducing, the Pogues:
In fact, the only person prohibited from posting your bond is your lawyer.

Why's that? Just general conflict of interest?
Yes, although I don't know the specific reasons.

Pogue

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Driver_8
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quote:
In Illinois there is no problem paying your own bail. In fact some officers in slower towns will even offer to take you to an ATM to get the money
Wish they did that for me. I spent 6 hours in the pokey in McHenry County for driving suspended. Four bucks short of bond... Grrrrr! And yes, they would let me pay for my own bond. Once I found a friend who was home and knew I would get out, I told the guard to give $9 of my money to a really old guy that was short that amount with no family. He said that they could not do that. So a modification to the above question... Can one 'arrestee' post bond for another 'arrestee'?
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Joseph Z
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I've never seen it happen on television on most of them I've seen. Most of them had a friend post bail. Maybe you can bribe the guards up front with hundreds.

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Joseph Z

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Homsar999
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Could somebody who isn't related to the 'arrestee' at all post bail for them? What I'm saying is, if there was some guy who needed bail, and you just decided to bail him out, without knowing or being family to him, could you post the bail?
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diddy
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quote:
Originally posted by Homsar999:
Could somebody who isn't related to the 'arrestee' at all post bail for them? What I'm saying is, if there was some guy who needed bail, and you just decided to bail him out, without knowing or being family to him, could you post the bail?

I suppose it would depend, but I would say why not? All bail is would be a guarentee to show up in court....

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Pogue Ma-humbug
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quote:
Originally posted by Homsar999:
Could somebody who isn't related to the 'arrestee' at all post bail for them? What I'm saying is, if there was some guy who needed bail, and you just decided to bail him out, without knowing or being family to him, could you post the bail?

In Kentucky, yes, as long as you are willing to put up the money or property to guarantee his next appearance. If not, you stand to lose it.

Post.

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overlord
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The person who is arrested must remain in custody until a judge reviews his charges.

Some are set free ",own recognicance," and others may not be released, and are held for trial.

If a bond is set a dollar amount is indicated. Come up with the money and you are out. But in all the above before you are released you are given a court date.

Domestic violance is an automatic hold for a specific amount of hours.

If you do not show for your court date a warrant is issued for your arrest.

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Bach_girl
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quote:
Originally posted by overlord:
The person who is arrested must remain in custody until a judge reviews his charges.

Some are set free ",own recognicance," and others may not be released, and are held for trial.

If a bond is set a dollar amount is indicated. Come up with the money and you are out. But in all the above before you are released you are given a court date.

Domestic violance is an automatic hold for a specific amount of hours.

If you do not show for your court date a warrant is issued for your arrest.

You must be just talking about California Law.


I know for a fact on Ohio (this is what I spend my weekends and holidays doing) we bond out Domestic Violence. They are usually booked in the county jail, but whoever is posting bond can do it as soon as we get the file in the computer.

It doesn't have to be a family member posting bond. I never even ask if they are. I have seen several employers bond out employees, which I found a bit odd. The only thing I need is the ID from the person posting bond.

Here is a good story...

Woman wants to bond out her son. She asks if she can write a check, I tell her no, but she can use her bank card. She says that won't work because there isn't enough money in the account...dumbass people.

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overlord
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[QUOTE]Originally posted by Bach_girl:
I know for a fact on Ohio (this is what I spend my weekends and holidays doing) we bond out Domestic Violence. They are usually booked in the county jail, but whoever is posting bond can do it as soon as we get the file in the computer.

---------------------------------------------------The reason they are held for a mandatory 12 hours is to protect the other party involved in the domestic violence arrest.
This gives both parties a chance to cool off. Or get out of town.
If the person arrested is released( bailed out) a short time after arrest he/ she may return home and finish the job, perhaps even killing the other party! Nevada law.

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lonewolf629
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i've had the displeasure of being arrested for a traffic warrant, once i found out how much it would cost they allowed me to release my bank card to my roomate who went and got the money to bail me out, this in Ohio, but i dont know for sure what the laws stipulate

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Delta-V
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quote:
Originally posted by AliBaba:
quote:
Evidently no TV or film character has ever needed the services of a bail bondsman.)
One exception - the character of Max Cherry in " Jackie Brown" was a bailbondsmen.
As was Markie Post's character (along with others) in"The Fall Guy". Of course, the one's who needed the services of a bail bond(wo)man were always shown after they had jumped bail.

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Bach_girl
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quote:
Originally posted by overlord:

---------------------------------------------------The reason they are held for a mandatory 12 hours is to protect the other party involved in the domestic violence arrest.
This gives both parties a chance to cool off. Or get out of town.
If the person arrested is released( bailed out) a short time after arrest he/ she may return home and finish the job, perhaps even killing the other party! Nevada law.

I think a mandatory 12 hour rule is a great idea. Unfortunatly the people who are abused are usually the ones posting bond. Maybe 12 hours would be enough time to make them think it over a bit.

I think the reason some states/cities do not have these kinds of limits is overcrowding in the jails. It is so bad in some areas you are pretty much guarenteed to be out in 3 hours whether you post bond or not. (Usually this is not true of violent crimes though)

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ladibugs
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Well here in Louisiana my ex went to jail, a few times, (the reason he is my "ex") and he had the cash in his pocket. They told him he could not post his own bond. What he had to do, was sign over his property to his g/f and she posted his bond. I thought he was full of it. But his sister called the jail and they told her the same thing. He could "not" post his own bond.

[fish]

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skeptic
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Reminds me of the story of a guy arrested for stealing three cows and a horse. He said he didn't have any money but could he post bail with some assests. The judge asked what assets he had.
"Three cows and a horse" he replied.

OK That's an old joke, but I swear the next one is real

A guy was seen breaking into vending machines and was arrested some hours later. He calls his girlfriend to bring in the bail money and she brings in a few hundred bucks IN LOOSE COINS. Real smart.

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Would you like fries with that?
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The bail bond seems to work for most unbefriended prisoners...
Bondsman are used mostly for high cash bonds. They will put up all the money needed if you pay them a percent. Normally 15% of the total bond. When you go to court they get the money they put up back,and your 15% is profit.

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Buzzbomb
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quote:
Originally posted by jsbumed:
In Illinois there is no problem paying your own bail. In fact some officers in slower towns will even offer to take you to an ATM to get the money

That's 100% true. When my black sheep uncle got arrested, my family was amazed when a cop gave him a ride to an ATM
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Tantei Kijo
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Is it wrong that I immediately thought of the "and hurry!" thread in the "We've Got Mail" section? [Razz]

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InsAnnity
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quote:
Originally posted by ladibugs:
Well here in Louisiana my ex went to jail, a few times, (the reason he is my "ex") and he had the cash in his pocket. They told him he could not post his own bond. What he had to do, was sign over his property to his g/f and she posted his bond. I thought he was full of it. But his sister called the jail and they told her the same thing. He could "not" post his own bond.

[fish]

An hour away from you in Hancock County, Mississippi, and it's the same here. I guess the southern police here don't see enough action and want to keep us for entertainment. [Wink]
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Roadie
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quote:
Originally posted by overlord:
The person who is arrested must remain in custody until a judge reviews his charges.

Maybe in your part of California, but not in mine. Our Sheriff's Department has a "bail schedule" for common crimes. The jail will allow you to bail out, pre-arraignment, with a NTA (notice to appear) within the statutory limit for arraignment (72 hours, IIRC?) All that, without waking up the judge.

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robbiev - singin' off key
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You can post your own bail in TN, but I think the reason people don't do it (assuming I understand your question) is using a bail bondsman is cheaper.

If your bail is $10,000, a bail bond company only charges $1000.00. Most people don't have $10,000 in cash on them at any given time.

Most people probably don't have $1000 either, but most people (or at least many people) couldn't come up with $10,000 on short notice.

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