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?
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.
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.
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.)
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.
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.
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)
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.
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.