Legal Corner

Re: Self bailing?
Rambone 70 Reviews 4588 reads
posted
1 / 5

If you have enough money in your debit card account can you bail yourself out if you end up on the wrong side of LE?

JB1982 17 Reviews 2869 reads
posted
2 / 5

If you are lucky enough to have a cop that isn't a total jerk I have heard of them stopping at an ATM machine on the way to jail to let you take the cash out.  

Or, you can release your debit card to a friend who can go get the cash and post your bond.

Or, you can find out what the typical bond is in your jurisdiction and just carry that much around with you.

Or, you can just do your research and be careful and not worry about it.

mrfrench 3365 reads
posted
3 / 5

I'm not sure that's true.  Or it might be something that varies from state to state.  I know in NJ, if you have ties to the community or no criminal history, you may be released on your own personal recognizance, which means that the court takes your word that you will appear when necessary for later court obligations.

If the judge at your arraignment requires that bail be paid, you can pay it with cash, a pledge of property (if permitted by the court), or a bond posted by a bail bondsman.   Property posted can include your house, your car, or any property of real value.

The law also allows a "10%" option meaning that you can pay 10% cash and the rest in bond or property but that's not always permissible by the judge.

(For those interested, the forms of bail allowed in NJ are specified in Rules of Court, Part III, section 3-26.4).

NJ went through a period a few years ago "updating" the rules and I *think* that debit cards are treated as cash since the money is taken right from your bank account but I'm not certain.  I've never needed to post bail - the two times I was arrested, I was let out on my own recognizance (i.e. no bail).

I did note the last time I was at the Town Hall, that there was an ATM machine right outside the courtroom.  :-)

Teufel23 12 Reviews 3598 reads
posted
4 / 5

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Or, you can find out what the typical bond is in your jurisdiction and just carry that much around with you.
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Doesn't that run the risk of your cash being seized as "dirty money". I've read this is common legal scam in some areas - if you are stopped and have too much cash on you, they seize the cash until you can prove you earned it legally.

secretstud27 4417 reads
posted
5 / 5

I'm no legal expert, but i've been arrested a couple time before.  The officer told me how much bail was, and when i told him i'd like to pay it (because i had the money on me), he refused.  He stated that everything on my person, including cash and even bank card was "evidence".  What i had on me related nothing to why i was arrested(simple warrant for failing to show up to court for traffic violation), but he just said thats how it was.  He wasn't a dick and i cooperated and called a friend.  This was in the state of IL, could be different of course wherever you go.

Hope this helps you at all...

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