I will fully explain where I am on this deal. I get a call saying “kwc, can you come to the jail and bail me out?” I went there and was told the $500 was just a refundable bond should the accused fulfill the obligations of the bond. “Okay, no problem, I can handle a short term loan.” He gets out and tells me about the unknown driver running away. I think it sounds like a bunch of bs, but whatever. A couple days later on Facebook chat, he tells me his lawyer said exactly what Giles’ quote says. I’m just waiting for the court date where they refund the money. Initial plea hearing comes and they set the matter for jury trial. After the trial, I’m supposed to get my money. A couple weeks go by and I can’t get ahold of him for a few days. I show up at what is supposed to be the next court hearing, and there he is, in shackles and stripes. The prosecuter explains he was caught driving and the judge revokes the bail. So that’s why I’m here.
I agree that he should decline, but I assume there would be no consequence for the person pretending so (if it couldn’t be shown to be lying). The friend isn’t prosecuted for causing an accident, but for driving drunk. If the hypothetycal other driver showed up, saying “Yes, I was the driver and I was perfectly sober at the time” what could he be charged for? Putting a car in a ditch isn’t a crime.
They charge really high interest because of the increased risk. They’re recouping some of the money from other clients.
If they can find the (now) fugitive, they can themselves sue through the legal process and try to go collection agency on the the fugitive’s assets. Hard to do that if you can’t find 'em.
So, in other words, you paid $500 for the privilege of doing your friend a disservice. If he’s already on his third strike, then what he really does need (for his own good as well as those around him) is to stew in a cell for a while.
You were told you’d get the money back if he met his obligations, he didn’t meet his obligations, so you didn’t get your money back.
Yes, this is the thing, and it’s why posting bail for someone that you don’t actually have any kind of hold over is a bad idea. If the arrestee isn’t the one with the money in jeopardy, or isn’t in legal or physical bond to the one who has the money in jeopardy, bail doesn’t mean crap. It’s not HIS money that will be lost if he skips. Why should he care?
Bail isn’t just a transactional fee for getting someone out of holding. It’s supposed to be a guarantee of good behavior until trial, and it can’t be that if the arrestee doesn’t have skin in the game.
I guess all of the posts have clouded the issue for you.
Let’s pull that lever one more time …
[ol]
[li]You bailed out your friend to the tune of $500.00[/li][li]Your friend did not meet the conditions of the bail.[/li][li]The bail was forfeited to the court.[/li][li]You are out the $500.00, unless you can get it from your friend.[/li][/ol]
Um, er, no actually. When you take someone to small claims court, assuming you win, you get a judgment against them. Period. It’s up to you to collect.
You could, at that point, get a garnishment for their wages, (may require a lawyer/lot of research, definitely paperwork to file and fees to do so, you’ll need to know where they work and it will take time.) You could put a lien against any property they own, (ditto above, and will only really keep them from being able to sell said property), which is why a lot of people who are owed sums of money never bother with small claims court.
Next time, before you lay out $500 make sure you fully understand the risk a little better.
Bonds men come in where the person who failed to meet the bond requirements (don’t drive drunk, show up for court, whatever) and is at large. The bondsman finds them, takes them to jail, and gets his bond money back. In your case, he’s not at large, he’s already in jail.
Consider the people who put up their houses to bail out their drug addict relative, who, like you, don’t fully understand all of the implications. They’re out a lot more than $500.
I’d say you got off cheap for this life lesson. I’m also of the opinion you’ll never get that money back. Unless your friend cleans up and wishes to make amends. I wouldn’t hold your breath.
Yep. Bad deal for me. But, we will see what the judge says. If I get my money back, good; if not, then I guess I gotta wait until he gets out of jail, or prison, wherever he ends up then get it out of him. I won’t hold my breath. I suppose his landlord will take his stuff for not paying his rent and the impound lot gets his car for not paying the impound fee, so I don’t get any of that.
At least I don’t have to worry about dropping the soap. It’s an even worse deal to be a 22 year old felon who probably won’t get to drive for a couple years. But fulk him anyway.
Needless to say, I don’t plan on bailing anybody else out EVER!!!
Even more important - if you bail someone out, and they forfeit your bail money - are they legally incurring a debt to you? Will small claims court make them pay it back? Unless they promised to pay you back, preferrably before witnesses or in writing, why would the court assume there is a debt? Morally yes, but legally?
I’m betting the lawyer told him “your case will go much better if you produce the driver.” - not to find someone to lie. (“Find someone to lie” sounds like an admission the original story is BS.) Anyone who comes forward and says they are the driver would obviously get charged with leaving the scene of the acident, plus likely dangerous driving; plus would have the sworn testimony of their “friend” saying they did it. It’s not as bad as a 3rd DUI, but why look for it?
Of course, if the guy was in the car, even in the passenger seat, they could charge him with DUI regardless. If he’s standing beside the car and the keys are available - well, that’s how lawyers and district attorneys earn a reputation - the interesting cases.
Still - basically, unless you have $500 to throw away, why would you post free bail for someone who needs to learn actions have consequences? If he drove to the sobriety test after a DUI charge and while suspended, add “slow learner” to his problems. Maybe he should be on the list of “really dumb criminals” - or is he already?
yes, friends bail out friends, but then those friends respect the act enough to not blow away $500.
I served as jury foreman two years ago in a case involving DUI, and several other charges, against a young guy. The defense claimed that, while it was the defendant’s car, he wasn’t behind the wheel, as he knew he’d had too much to drink (the driving, BTW, was occurring in a bar’s parking lot). And, the defense did produce the other guy who was in the car, who did testify that he’d been the one behind the wheel. That was pretty compelling to the jury – the friend put a lot on the line by testifying that he’d been behind the wheel (opening himself up for prosecution on reckless driving, if nothing else). We threw out the DUI charges pretty quickly in the deliberation (though we did find him guilty on resisting arrest – the defendant pretty much admitted it – and damaging a squad car after he was arrested).
We just had a guy get off a DUI charge, where I live, (he also hit two other vehicles in the police chase, and left both accident scenes!), because he had a bottle of booze in the car, pulled it out and made sure people at the final arrest location, saw him drinking from it.:eek:
You have a (not good) friend who you know makes bad choices, and is in general a dumb ass.
If you lose $500 (I don’t think you will, in the end, if he is now in hoosegow) it is the result of your decision to back a known loser. It is mostly yourself you have to blame. The loser is of course at some fault, but only for doing what losers are known to do. The court is doing the job that non-loser tax payers employ them to do.
I have done similar such things, but it was with full knowledge that the odds were against me ever seeing that money again. Once it was my brother, a dumbass, but still my brother.
Once it was because a good friend was going to “lend” money to someone who I was sure was a poor risk, but he thought would be good for it. I decided to take half the risk to cut my friend’s loss, and so I could lord it over him when we got stiffed, which we did, and I did (I’m an asshole, not a dumb ass!)