Louisiana Will Not Allow Legal Protection To Pay For

I was told today in CHP class that Louisiana law does NOT allow any type of legal protection to pay a bond in the unfortunate event you may need to get out of jail.

I’m a Pre-Law student likewise thought I was pretty knowledgeable as far as state law went, but I learned something new that scared me today. Who in the world would want to sit for up two (2) years or even longer for trial and you were protecting your life?
I would do my best to argue the 8th Amendment, but I’m not rich and do not plan to ever be.

So, what would one advise that I should set to the side to always have money in that event?

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Interesting. Did he state a specific Louisiana law or statute?

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No, but, I found it and it states,

RS 14:375

"Illegal consideration for criminal bail bonds"

A. It shall be unlawful for any person to:
(1) Charge a fee or act as a personal surety on a criminal bail bond or to procure another to act as a personal surety on a criminal bail bond in the state of Louisiana.
(2) Charge a fee for anything of value for obtaining a release of a criminal defendant on a bail without surety.

B. An attorney at law admitted to practice in the state of Louisiana, in the course of his representation of his client, shall not be affected by this Section.

C. Whoever violates the provisions of this Section:
(1) When the amount charged or received is valued at five hundred dollars or more, shall be imprisoned with or without hard labor for not more than five years or may be fined not more than five thousand dollars, or both.

(2) When the amount charged or received is valued at one hundred dollars or more, but less than five hundred dollars, shall be imprisoned with or without hard labor for not more than two years or may be fined two thousand dollars, or both.

(3) When the amount received or charged is valued at less than one hundred dollars, shall be imprisoned for not more than six months or fined not more than five hundred dollars, or both.

Acts 1993, No. 834, §3, eff. June 22, 1993.

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Learn something almost every day… Seems you would need the $ to pay your bond, or, I would think under B) you could retain an attorney who could bail you out. Sounds spendy either way.

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Fred,

I looked at it from that perspective and that would be a good loophole. I’m researching on that basis right now and will let you know.

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I’m not seeing how this would prevent your USCCA program atty from bailing you out.

We don’t pay them an additional fee to post bond.

Honestly it doesn’t make much sense at all since there are Bondsmen all over LA that put up bonds for a fee every day.

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Wild rose,

To be honest….it’s Louisiana for you!

They have a lot of laws French-Spanish dated, (Associated by Napoleonic laws/code) This system is made up of what we call the civil code and not like the “British common laws spead elsewhere.” Through this system also makes us the second hardest state to pass the bar exam.

On another note…the law school I want to attend is not here sooooo…I probaly want have to worry much about it when it come due.

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Oh, Fred,

The law on B is talking about a payment to a lawyer.,
I could pay a lawyer in the way through anything that has value and in advance.(I would imagine)

However, I see it a whole different way in which should it should be introduced. When I go to the law library Monday, I’ll look more and particularly at past court-related cases that judges made a call on.

One time, I had a divorce lawyer tell me he would take cash, check, or anything of value and especially guns. (He really emphasized guns as the smart man he may be.)

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Oh I understand the roots of their civil and legal systems and why they are a wreck.

I don’t however see how the USCCA or other prepaid legal or membership organization would be barred from bailing you out.

Unlike bail bond companies they aren’t being paid a dime to bail you out, it’s just part of the protections we have as members.

Where are you hoping to go to law school?

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Wildrose,

You are correct. It’s a mess to be honest because a lot of criminal law refers back to civil. A lot of people that call the police come to find out their matter is civil and not criminal.

I hope to go to Regent Law…I attend Regent University. but they have a top law program based out of Virginia. The reason being is that I want to attend there for the Christian conservative values they teach. Keep me in your prayers.

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If I’m not mistaken I have a nephew going to school there now who is also planning to get into their law program starting I believe next fall.

Good luck.

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I found it!

For one (1). Let’s define the term “surety
Surety- a person who takes responsibility for another’s performance of an undertaking, for example, their appearing in court or the payment of a debt.

Or better known as a guarantor that is commonly listed on contracts.

There it is…the USCCA is not a surety for a bond… this is what it’s saying, I’ve been looking at it the wrong way in the text by trying to find a hole.

I believe my instructor is interpreting as we were.vvvvvvvvvvvvvvvvv

Surety bond or guaranty involves a promise by one party to assume responsibility for the debt obligation of a borrower if that borrower defaults.

Let’s ask my friend @MikeBKY he is a Kentucky attorney, but he will be able to better verify/understand text than I. Louisiana RS 14:375
"Illegal consideration for criminal bail bonds"

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Without any research, my guess would be that the law basically eliminate bail bondsman and bounty hunters. Kentucky is similar in that regard.
Since USCCA does not charge a fee for advancing a bond, it should not apply. The bond payment is one of the benefits of the membership.

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Mike,

Thank you! My Instructor and I were looking at it a little too "open-minded", but you sir called it what it is. I knew you were the man! (It shows you where a few ignorant minds can go with little sleep and too much caffeine)

Again thanks!

Your friend,

R.W.A.

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There are no bail bondsman In Kentucky?

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KRA 431.510 Prohibitions.
(1) It shall be unlawful for any person to engage in the business of bail bondsman as defined in subsection (3) of this section, or to otherwise for compensation or other consideration:
(a) Furnish bail or funds or property to serve as bail; or
(b) Make bonds or enter into undertakings as surety;
for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment or death, before any of the courts of this state, including city courts, or to secure the payment of fines imposed and of costs assessed by such courts upon a final disposition.

Similar to the LA statute.

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Holy cow… so people sit in jail until their families raise the funds or their lawyer fronts it? Yikes!

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What I take from the KY statute is that the system wants to make sure that in order to bond out the accused needs to put their own skin in the game, as well as preventing unscrupulous persons from charging exorbitant fees simple for providing their service as a go -between in the bonding process.

On a side note, during a recent trip to Lebanon, TN, (the seat of Wilson County) we couldn’t turn around without seeing signs and ad’s and billboards for Bailbond services. I counted at least a dozen different companies, and I wasn’t looking that hard. Upon our return home I checked out Hopkins County, KY and discovered only one listing for bailbonds and the given address was a building that was torn down three years ago after housing a burger joint for four years before that. Could not find a single current listing for a bail bond agent within a 100 mile radius.

I guess you just have to handle it yourself.

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David,

That is correct and that’s what Louisiana is doing as well…it’s easy to get confused with all the lingo and provisions on it. (Especially sleep deprived as I was.)

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Something else just occurred to me. The KY statute may also be I tended to prevent an unrelated third party from posting bail for you, maybe under a “lack of standing” line of thinking.

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