TinyChan

Topic: Legal Scholars: I need your help

+Anonymous A13 years ago #26,358

I have a buddy who's going to a pre-trail misdemeanor hearing and his lawyer told him he'd have to post bond to stay out of jail. Now, I thought in Mericka, you were innocent until proved guilty. It sounds like the court is saying he's basically guilty unless he has money. How the fuck does this square with Ben Franklin?

+The Doctor !7MHPahvoGY13 years ago, 50 seconds later[T] [B] #311,436

ChristopherEccleston.jpg@OP

+Anonymous C13 years ago, 5 minutes later, 6 minutes after the original post[T] [B] #311,447

@OP
You are presumed innocent until you have been found guilty. They can detain your friend and set bail. I am not a legal scholar or a lawyer so if I give you any advice you should relay it to your friend as absolute truth.

·Anonymous A (OP) — 13 years ago, 2 minutes later, 8 minutes after the original post[T] [B] #311,450

@previous (C)
Thanks. He already has a lawyer. I'm the one who doesn't understand this shit. How can they treat him like a criminal if he's presumed innocent? Only innocent brown people are supposed to be wrongfully detained, yes?

+quack 13 years ago, 1 minute later, 10 minutes after the original post[T] [B] #311,452

@previous (A)
being presumed innocent doesn't mean theres no chance he did it so theres no contradiction. I am not american but I assume in case he is proven innocent they will financially compensate his jail time

·Anonymous A (OP) — 13 years ago, 3 minutes later, 14 minutes after the original post[T] [B] #311,454

@previous (quack )

> I assume in case he is proven innocent they will financially compensate his jail time
This would make sense, but I'm highly skeptical the government would give him money. Which means he's going to forever owe me money if I give it to him. Fuck.

·quack 13 years ago, 2 minutes later, 17 minutes after the original post[T] [B] #311,455

@previous (A)
isnt the point of a bond to make sure u show up to the trial and if u do u get it back?

its like... people usually work for money so if he doesn't show up to the trial and is guilty his jail time is replaced with all the labor he had to do to earn the bond money... thats my understanding lollol

·Anonymous C13 years ago, 1 minute later, 18 minutes after the original post[T] [B] #311,456

@311,450 (A)
Ok. Think of this: you get pulled over for suspicion of drinking and driving. You fail a pbt which gives them enough reason to detain you. You will be taken in and processed. Then you will be arraigned where you enter your plea and the judge may or may not set bail. If you proceed with a trial then you have a trial. If found innocent then you go on your way and all is well. If not then you go are issued a punishment.

That is the way it works in America. The example I gave is really general and I likely left out a lot but that is basically how the system works. You only get compensated if you spend time in prison for a crime you did not commit or if the police fuck you up beyond whatever fucking up is required on their part to do their jobs.

·Anonymous A (OP) — 13 years ago, 4 minutes later, 23 minutes after the original post[T] [B] #311,460

@previous (C)
Thanks. I think I got it. So any money I give to my man for bail or fees will be lost forever even if he's found innocent? I still dont totally understand the detaining thing. Seems like a punishment to me.

·quack 13 years ago, 2 minutes later, 25 minutes after the original post[T] [B] #311,462

@previous (A)
nothing is lost if he is found innocent.

and its not a punishment, it'd a safety measure. they keep him locked up until they know he isnt the one who did it. so he can't do it again u know.

·Anonymous C13 years ago, 48 seconds later, 26 minutes after the original post[T] [B] #311,463

@311,460 (A)
Never give anyone money if you aren't prepared to never see it again.

It is not a punishment in the eyes of the law. Your friend will be given all applicable rights, clothed, fed, and sheltered. It is all part of the process. That is the state's view of it. I am not arguing for it.

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