SavannahMann
Platinum Member
- Nov 16, 2016
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In Las Vegas, a Celebrity funded group posted bail for a man who was arrested for Burglary and Theft. In other words, he was arrested for stealing. Ok, no big deal so far. This group posted bail of $3,000 to get the accused released. Again, fairly common. The Baddie committed another crime a week later and is now facing charges of Attempted Murder. The person he shot is suing the group claiming they didn’t consider the Baddie’s serial criminal history when they posted the Bail. Further he is arguing that the people posting the bail are responsible for any future crimes.
www.dailymail.co.uk
Ok, so help me out. It is now the person posting the bail that is responsible for considering such things? I was unaware that is how the system worked. Here is what I thought happened, and someone correct me if I am wrong.
The Defense Attorney makes a motion to have the Accused released from pre trial confinement. The Prosecutor argues that any such release should be accompanied by Bail. The Judge, in looking at the entirety of the case, sets the bail amount, if any, or denies the motion depending upon the severity of the crime or the probability of the individual to flee. All of this is argued by the Prosecutor and the Defense Attorney.
If Bail is granted, the Judge decides how much. The person posting bail says they understand they will lose the cash if the Accused does not appear in court. That is pretty much the end of the responsibility of the person posting bail. If the Accused does show up, and no matter if they are convicted or acquitted, the person posting bail can get their money back. It is sort of like a security deposit.
Now, I’ve never before heard that the person posting the bail is responsible for any future crimes. I’ve never heard that the person posting the bail is supposed to provide any sort of counseling, or treatment for psychiatric conditions. When did this become the responsibility of the person posting bail?
The threat assessment is the responsibility of the Prosecutor. The decision is the job of the Judge. If the person posting the bail has any responsibility in this matter, it is that they are responsible to share information, any they have, on the whereabouts, of the individual should they not appear at the next scheduled hearing. They have a legal duty to assist in the individuals capture and return to jail, and they have a financial incentive to get their money back.
Are we going to start suing Bail Bondsmen? Are we going to start suing family members who post bail?
Yes, this story is tragic, but it is a frivolous lawsuit that should be tossed without hesitation by the first Judge who looks it over. I say that with the obvious caveat that I don’t know Nevada law, and I don’t know what if any precedent exists in Nevada, but on the surface, it looks ridiculous.
For those who wish to read the “Conservative” viewpoint.
hotair.com
Bail fund shuts down chapter after man released nearly killed waiter
The bail fund that paid to free a man who went on to shoot and nearly kill a waiter just six days after his release has shuddered its Las Vegas chapter.
Ok, so help me out. It is now the person posting the bail that is responsible for considering such things? I was unaware that is how the system worked. Here is what I thought happened, and someone correct me if I am wrong.
The Defense Attorney makes a motion to have the Accused released from pre trial confinement. The Prosecutor argues that any such release should be accompanied by Bail. The Judge, in looking at the entirety of the case, sets the bail amount, if any, or denies the motion depending upon the severity of the crime or the probability of the individual to flee. All of this is argued by the Prosecutor and the Defense Attorney.
If Bail is granted, the Judge decides how much. The person posting bail says they understand they will lose the cash if the Accused does not appear in court. That is pretty much the end of the responsibility of the person posting bail. If the Accused does show up, and no matter if they are convicted or acquitted, the person posting bail can get their money back. It is sort of like a security deposit.
Now, I’ve never before heard that the person posting the bail is responsible for any future crimes. I’ve never heard that the person posting the bail is supposed to provide any sort of counseling, or treatment for psychiatric conditions. When did this become the responsibility of the person posting bail?
The threat assessment is the responsibility of the Prosecutor. The decision is the job of the Judge. If the person posting the bail has any responsibility in this matter, it is that they are responsible to share information, any they have, on the whereabouts, of the individual should they not appear at the next scheduled hearing. They have a legal duty to assist in the individuals capture and return to jail, and they have a financial incentive to get their money back.
Are we going to start suing Bail Bondsmen? Are we going to start suing family members who post bail?
Yes, this story is tragic, but it is a frivolous lawsuit that should be tossed without hesitation by the first Judge who looks it over. I say that with the obvious caveat that I don’t know Nevada law, and I don’t know what if any precedent exists in Nevada, but on the surface, it looks ridiculous.
For those who wish to read the “Conservative” viewpoint.
Celebrity-backed woke bail fund has closed after being sued for freeing a serial criminal
Asian waiter in Vegas takes legal action
hotair.com
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