July 24, 2009
Legal Department
Adventures In Avvo - Take 1
After a recent episode of Raising the Bar, I've been wondering if some do-gooder could go around bailing indigent people out of jail so they can go home to their families even though they don't have $500. Not that I could afford to do that, but how would that work? I know it only takes a fraction of the bail amount to get them out, but would I be on the hook for the whole amount if they skipped their court appearances?
I tried Googling around for the answer, but couldn't find anything useful. I'd have to ask a lawyer. The problem is, I don't really know any criminal lawyers in Illinois who will answer my stupid questions for free.
Or do I? Isn't this what Avvo Answers is all about? You ask a question, and a real lawyer answers it.
Scott Greenfield is always bashing Avvo Answers, saying that legal problems are rarely simple enough for this kind of treatment. The questions lack the detail that a lawyer would need to give a good answer. You really need to have a conversation.
I'm skeptical. Scott worries a lot about anything that smacks of lawyer marketing. Besides, aren't lawyers supposed to be smart professionals? Shouldn't they know better than to fill in too many blanks with guesswork? Isn't giving careful answers part of their skillset?
I guess it was time to find out. I posted the following question:
What's my exposure if I bail someone out of jail?
Chicago, IL Viewed 4 times. Posted about 17 hours ago in Criminal Defense
If a friend has been arrested, it's my understanding that I can get them out by paying 10% of their bail to the court. I assume I'd lose that money if they don't show up to court. Do I get it back if they do? If they don't show up, am I responsible beyond the 10%, financially or otherwise? If it matters, assume I can't trust my friend's family with the money and want to deal with the court directly--i.e. I don't just want to loan them the money.
That was yesterday. Today someone posted a response. See if you can spot any problems:
The 10% you pay to a bondsman is the price you pay for them to put up the rest of the money. Even if your friend makes each and every court appearance, at the end of the case, that money you paid is gone. That's the bond company's fee.
If your friend skips bail, then the bonds company revokes his bond and they send bounty hunters out for him. If you signed a contract to be responsible, you could be on the hook for any costs they incur for tracking your friend down.
The other option is to put up a cash bond or property bond directly with the court. If you post the entire amount with the court and your friend makes all appearances, then you get all your money back at the end of the case. Of course, if your friend skips, you lose whatever you put up.
This guy is a "Level 7 Contributor" on Avvo. He got his license 13 years ago and now does 80% criminal defense work. His Avvo rating is 9.5 out of 10. I think his answer is well-written, concise, and thorough.
I have only one question for him: What is this "bond company" of which you speak? Is that like the bail-bond outfit that Dog the Bounty Hunter works for? Fascinating. We don't have those here in Illinois.
In Illinois, private bail bond services are not allowed. You have to make your arrangement directly with the court. I guess the lawyer who answered the question was unaware of this, probably because he's in California.
Wow. Right out of the gate---first answer to my first question. I'm beginning to understand what Scott Greenfield is complaining about.
Next contestant please?
Update: An earlier version of this post had a typo that indicated the lawyer got his license 30 years ago instead of 13.
Update: Got a better answer: Adventures in Avvo - Take 2
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OMG Windy! I justanswered this question just moments ago. If I had only read this post first! Feel free to email me any questions you have. You can bug me.
Thanks Jeremy. Remember you said that. I certainly will :-)
And this is a particularly simple question. Few of them are as clear and easily answered as yours. Plus, you're just asking for fun. What if the life of someone you loved was at stake?
It's a problem.
What worries me is why he did this. Was it an honest mistake about the state? Did he actually believe that the bail process is the same in all states? Or did he simply not care that he could be giving bad advice because it still counted toward his Avvo Answers total?