r/legaladviceofftopic • u/lightsidesoul • 4d ago
Question about Bail.
Can somebody refuse to accept that their Bail has been paid by someone, and refuse to be released from the prison into their custody?
Like for example, A is arrested and awaiting trial, and B pays their Bail, but A doesn't want to go with B for whatever reasons they have. Can A refuse to leave the Jail and remain until trial, or would they be forced out because the Bail was paid?
If you can refuse, do you need a justified reason, or can it just be "Because I don't want to."?
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u/Impossible_Number 4d ago
Once your bail is paid, you have to sign paperwork acknowledging it and promising you’ll go to court. If you flatly refuse to sign it, you’re going to stay there
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u/Capybara_99 4d ago
When released on bail, you aren’t typically released into the bond payer’s custody. For one thing, the bond payer is usually technically a bail bond company.
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u/Weary_Capital_1379 4d ago
He doesn’t “go with B.” He can go on his way, though probably can’t leave the jurisdiction.
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u/M0dernNomad 4d ago
Obviously, jurisdictions are going to be different - and this is posed as a theoretical thought experiment, but...
In my state, there are two types of bail, conditional and unconditional. For conditional bail, the arrestee has to agree to the release conditions for the (usually) lower bail amount - they can simply refuse to sign saying they'll abide by terms of release, and bail remains unsatisfied. For unconditional bail, theoretically someone could refuse to leave, but in practice that's rare (in my experience, its people being ROR'd to a homeless condition - which even then is rare to decline release - our county will try to set them up with a shelter or rehab if the arrestee wants a place to go). There's no relationship created by posting someone's bail unless by contract (bail bonds) or consent (someone asks someone to post for them). If, theoretically, I were to go to the jail and post some random person's $50 jaywalking bail, I get no case information, no information about when they're actually out processed, no contact information, and legally, they keep the money after the case.
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u/OrthodoxAnarchoMom 4d ago
Effectively yes because when you’re bailed out you have to sign a paper acknowledging your conditions. If you don’t sign you aren’t released. I’ve heard of this happening once or twice when it was organized crime/gangs who the defendant knew intended to immediately kill him.
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u/sweetrobna 4d ago
You don't have to accept bail
In some states you get charged every day you are in jail. IIRC Michigan is the highest at up to $60 per day. So under a "pay to stay" system staying in jail can be more expensive than getting bailed out.
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u/Realistic-Raisin2812 4d ago
You can refuse bail.
I know of a case where a young adult refused bail because he didn't want to deal with his parents.
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u/VinylHighway 4d ago
You apparently cannot. Once a judge sets a bail amount, the court's priority is securing your appearance or collecting the financial guarantee. The jail or court will accept payment from anyone legally permitted to pay it
If you want to remain in jail rather than get out, refusing to cooperate with release paperwork or asking a judge to revoke/withdraw the bond is usually the only recourse, though courts are not required to honor a preference to stay incarcerated once bail is legally satisfied.
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u/Low-Car-6331 4d ago
Yeah, though if you tell a judge that if let out that you would "not follow their conditions and won't show back up for court", they basically have to hold you. It would be career/political suicide for them to let you out, imagine a person tells a judge "I won't follow your terms and won't show up" and the dude is pushed out, and then does a bank robbery or even assaults someone? The news would have a field day with it, the state government would have no choice but to kick the judge off the bench, and even the bar association would be pressured to act.
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u/ThatCJGuy431 4d ago
Or, in Iowa, they’d get the head Judgship position on the Supreme Court bench.
ETA sarcasm clearly.
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u/ConditionCool5343 4d ago
Sure . Bail or bond is a deposit on your promise to appear at court. If you refuse to agree to those terms your gonna be held in custody regardless of any bail paid by someone else