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UER Forum > Rookie Forum > "Bail" money and holding cells question (Viewed 3472 times)
General Zod 


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"Bail" money and holding cells question
< on 7/23/2016 1:07 AM >
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So I have a quick question based upon one of my experiences (a stupid one that I brought upon myself)

Many years ago, in what is considered one of my dumbest moves ever, I wound up getting myself and the person I was with arrested for trespassing, even though we were just wandering around and never went inside any buildings.

The important part of the story is that they put us in a holding cell, asked us a slew of questions (because according to them, there was a "fire" set at this hospital earlier in the day, and that this was the reason for the "stepped up" security)

I never talked back to the cop... There wasn't anything off or noticeably bad about the guy either. I just said nothing the whole time I was apprehended, and I acted like I was uninfluenced or indifferent by whatever this cop had to say. As a result, he seemed to take a liking to me, and was even kind enough to drive me to an ATM machine to withdraw $50 bucks so I could "bail myself out" of the holding cell (early?)

Reflecting on this experience now, years later... wtf was THAT all about?


Because I thought that the only time one paid money to "bail themself out" of imprisonment was during the time of "jailable offense"?

Simple trespassing is NOT a jailable offense.







[last edit 7/23/2016 1:14 AM by General Zod - edited 2 times]

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Re: "Bail" money and holding cells question
< Reply # 1 on 7/23/2016 1:33 AM >
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I'm surprised they didn't simply release you under your own recognizance.




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Re: "Bail" money and holding cells question
< Reply # 2 on 7/23/2016 1:55 AM >
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who knows thank god they didn't shoot you for complying




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Re: "Bail" money and holding cells question
< Reply # 3 on 7/23/2016 2:08 PM >
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Laws vary by state obviously but you're correct; simple trespass is not a jail able offense. However, a fire on campus around the time you're there is enough probable cause to be detained. Did you have to pass a fence or signs? Because that brings it from "simple trespass" to "defiant trespass", which is still not usually an arrestable offense. However, compounded with other factors (like the fire) I don't think they were out of line to detain you. You shouldn't have had to pay bail though. I wasn't there, and I'm not a lawyer or anything, but I think this is just one of the risks we take.

Regardless, sorry that happened to you.




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blackhawk 

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Re: "Bail" money and holding cells question
< Reply # 4 on 7/23/2016 2:39 PM >
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Posted by EsseXploreR
Laws vary by state obviously but you're correct; simple trespass is not a jail able offense. However, a fire on campus around the time you're there is enough probable cause to be detained. Did you have to pass a fence or signs? Because that brings it from "simple trespass" to "defiant trespass", which is still not usually an arrestable offense. However, compounded with other factors (like the fire) I don't think they were out of line to detain you. You shouldn't have had to pay bail though. I wasn't there, and I'm not a lawyer or anything, but I think this is just one of the risks we take.

Regardless, sorry that happened to you.


Felony trespassing is a jailable offense in NJ. That requires a court appearance. It's still at the police digression if you need to post bail or not.
If they charge you with municipal or felony trespassing is up to them. Municipal trespassing is a simple ticket.
It varies by state as you said.
If you rub cops the wrong way they can put the screws to you.

Really initially they can throw the book at you if they want even if the charges don't stick. Dealing with a bunch of pissed cops sucks elephant balls bad.




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Astro 

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Re: "Bail" money and holding cells question
< Reply # 5 on 7/23/2016 3:05 PM >
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So were you properly arrested? Or did you just give the cop money? Was your bail set at $50 or did you just never see a judge? This all sounds very confusing...


I was arrested for "criminal trespass" and that is a Class B Misdemeanor in Texas. So I went to county jail. It was a sunday (Easter Sunday, no less) that I was arrested and I had to wait in the jail until the next morning when we would see a judge, be told what bail was set at and then have to go from there.

My bail was set at $1000 and since I was out from out of county, even for bonding out I had to pay a whole lot. But the only way to "bail" yourself out where I was was to either know your credit card number or to have a money order. We didn't have access to our cash, anyways. All of our belongings were being held by the jail.

So I don't know what the hell you did and how that worked. But it doesn't sound right, anyways.




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Re: "Bail" money and holding cells question
< Reply # 6 on 7/24/2016 3:29 AM >
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I think a police officer tricked you into bribing him. WTF?




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Re: "Bail" money and holding cells question
< Reply # 7 on 7/24/2016 11:07 PM >
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Posted by Banalzen
I think a police officer tricked you into bribing him. WTF?


That was my first thought.




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Re: "Bail" money and holding cells question
< Reply # 8 on 7/24/2016 11:31 PM >
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Posted by Banalzen
I think a police officer tricked you into bribing him. WTF?


I rather doubt that. Obviously if there's paperwork for the release with that dollar figure it was legit. Sometimes a favor is a favor...




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Re: "Bail" money and holding cells question
< Reply # 9 on 7/25/2016 1:33 PM >
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Posted by General Zod
in what is considered one of my dumbest moves ever


Mind if I ask what the gist of your mistake was? No specifics needed; just want to avoid having to pay $50 to an officer of the law in the future.

Also, was there any paper work involved?




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Re: "Bail" money and holding cells question
< Reply # 10 on 7/26/2016 2:38 AM >
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sounds fishy to me
Did you get any paperwork




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Re: "Bail" money and holding cells question
< Reply # 11 on 7/26/2016 4:53 AM >
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Kinda sounds like the circumstances surrounding my 98mph speeding ticket.... "Let me just drive you to an ATM."




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General Zod 


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Re: "Bail" money and holding cells question
< Reply # 12 on 7/29/2016 5:05 AM >
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Posted by blackhawk
I'm surprised they didn't simply release you under your own recognizance.


I apologize for not understanding how recognizance works. Legal language for me is similar to medical insurance language. It is similar to language from a far away galaxy.



Posted by EsseXploreR
I don't think they were out of line to detain you. You shouldn't have had to pay bail though.


I agree, and I think they might have been able to justify the fee for "holding cell bail", otherwise they would not have done it, and they would have acted strange about it, if it were done in a bad way. But in regards to your question, "Did you have to pass a fence or signs?" Not really… It was one of the only things the security guard cared to know, but we were taken off guard, and were simply not prepared to explain any signage inconsistencies.


Posted by Astro
So were you properly arrested? Or did you just give the cop money? Was your bail set at $50 or did you just never see a judge? This all sounds very confusing...

------>

So I don't know what the hell you did and how that worked. But it doesn't sound right, anyways.

As indicated, we were arrested. But it was up to the cop how he would deal with us after we were put in the holding cell. We weren't there very long, (maybe an hour) but as anyone who has ever been put in a cell knows… it is FAR from being fun.

Anywho,
At the end of the day, we only witnessed the apologetic "douchebag" security guard calling up an "already ticked off" officer who would just "arrest whoever" found on the site because of previous ______ incident, type of situation.

An unnecessary but good learning experience.... And after the mandatory $50 court fee and the judge acting like it's kinda ridiculous you even had to show your face in court for "trespassing", I'd say AVOID going near these types of places. LOL



[last edit 7/29/2016 5:12 AM by General Zod - edited 2 times]

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Re: "Bail" money and holding cells question
< Reply # 13 on 7/29/2016 5:47 AM >
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Posted by General Zod


I apologize for not understanding how recognizance works. Legal language for me is similar to medical insurance language. It is similar to language from a far away galaxy.




They would have simply had you sign the complaint like you do a speeding ticket with your promise to appear in court.
https://www.aboutb...r-own-recognizance

Fun times




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General Zod 


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Re: "Bail" money and holding cells question
< Reply # 14 on 8/3/2016 2:24 AM >
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Posted by blackhawk


They would have simply had you sign the complaint like you do a speeding ticket with your promise to appear in court.
https://www.aboutb...r-own-recognizance

Fun times



Ah! Thanks for that link, man!




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blackhawk 

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Re: "Bail" money and holding cells question
< Reply # 15 on 8/3/2016 3:22 AM >
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Posted by General Zod



Ah! Thanks for that link, man!


You are welcome.
What amazes me is the number of people who thought the cops extorted money from you illegally.
Lol, they can jack you up proper legally without risky their jobs or reputation quit easily.
Most cops I know, even the over zealous ones are relatively honest and easy to get along with as long as you respect their limits. Many will go out of their way to help you...
Most cops are people persons.

A pissed off cop can put you in a bind if you committed a crime. State felony instead municipal misdemeanor charges, release you on your own recognizance or a night in jail and a bail hearing in the morning. Arrest you and impound your car or have you sign of the complaint and let you drive away.
Learning how cops think, are trained, and the laws they enforce can save you a lot of grief, time, and money.




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Re: "Bail" money and holding cells question
< Reply # 16 on 8/26/2016 12:47 PM >
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this really sounds like a story about a cop getting OP to bribe him.




General Zod 


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Re: "Bail" money and holding cells question
< Reply # 17 on 8/26/2016 4:51 PM >
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Posted by michaelb323
this really sounds like a story about a cop getting OP to bribe him.


This really sounds like a story about something you saw on TV.




[last edit 8/26/2016 4:53 PM by General Zod - edited 1 times]

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Re: "Bail" money and holding cells question
< Reply # 18 on 8/26/2016 11:27 PM >
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Posted by General Zod


This really sounds like a story about something you saw on TV.




I dont watch TV. It's a tool of the illuminate to keep people brainwashed and zombies. Wake up SHEEPLE!




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