I have a former co worker and her daughter was recently arrested along with a male friend for forging and passing stolen checks.
She was locked up and bail was set at over 100,000 dollars. She is facing 5 charges. One felony. Her male friend was charged with 17 counts. More than one felony. His bail was set at less than 50,000. That seemed disproportionate.
My former co worker decides to bail her daughter out after about 4 days. Finds out the reason why bail was so low for her daughters male friend. His dad works at the court house. He was also released after 2 days without having to post his bail.
My former co worker gets the Sheriff in his office and demands to know why she has to come up with such a huge amount when the other guy just walked.
Now this is the good part.
The Sheriff has as of today held my former co workers daughter THREE DAYS AFTER she posted the required bail. Bail the judge said was sufficient to free her until court day. He said this is to
"teach her a lesson and some respect"
I thought it sounded a bit odd. Maybe I was not being told the whole truth. I called the Sheriffs office and talked to the Sheriff. It is all confirmed. He said she needed to be taught some respect.
According to the Code of said state
Section 15-13-6
Fixing of bail for felony; discharge of defendant by sheriff upon
posting of bail.
(a) When an indictment is filed in court charging the defendant with a
bailable felony and the defendant fails to give bail in open court,
the judge of the court must forthwith endorse on such indictment the
amount of bail to be required of the defendant. When an application
for bail is made to any judge, such judge may fix the amount of bail,
and the sheriff has authority, and it is his duty, to discharge such
defendant on his giving bail as required.
(b) This section shall not have the effect of preventing application
for bail or for reduction of bail in any other manner provided by law.
(Code 1852, §§608, 690; Code 1867, §§4831, 4849; Code 1876, §§4831,
4849; Code 1886, §§4409, 4411; Code 1896, §4351; Code 1907, §6331;
Code 1923, §3364; Code 1940, T. 15, §189; Acts 1949, No. 199, p. 230.)
So I contact the lawyer of the girl. He says "well he IS the Sheriff. I would suggest that you or her mother go down every day and say you have come to get her. Eventually he will let you have her"
We faxed a copy of said state code to ABI and the Attorney Generals Office. We called both. Neither give a damn.
And people wonder I laugh hysterically when people move from out of town,county,state to that hell hole there thinking they will be so happy and free.
I suggested to the mother she go down every day. But eventually when her daughter is released I would hire the best lawyer I could and I would bankrupt the county.
The girl is charged with performance of a crime. I do believe she should and will be punished. But to hold someone without reason and against their will and against the courts is something I don't take lightly.
The bail amount was set by the judge. She accepted bail amount and paid said bail. Sheriff still will not release her even though she has met all the requirements and is not acting as to the code of the state.
I think her rights have been violated in more ways than one.
I used to see things like this all of the time when I lived there. Hence the reason I now live in a completely different state.