Relative-in-jail filter

October 26, 2009 1:01 PM

I need to know if I am doing the right things to help a relative get out of jail in another state.

My sister just got a call from a bail bondsmen in Burlington, Kansas. My Brother-in-Law was pulled over and arrested for having a suspended license. B-i-L is a resident of Minnesota and his license is from Minnesota as well. I honestly don't know if his license is valid here or not, he was just driving through Kansas.

I called the jail and verified that he is there. But we have two problems: A)the bondsman needs $600 or so by 6 pm so he can be released and B)he can't drive the car back to Minnesota.

For A) I have the money and am willing to put it up for him (don't need advice about that). We both bank at Wells Fargo, so I am thinking it would be best to transfer the money to her account (or get it in cash myself) and have her Western Union it to the BB. I have googled the BB and he seems legit, and he says they will get $500 back when BiL shows up for court.

For B) my sister is planning to take a bus down to pick him and the car up, but the title to the car is in our mother's name. I will make sure she verifies with the police that she can take possession of the car.

Basically I want to make sure we are doing everything right. Any advice to make this go smoother or anything we haven't thought of?

posted by soelo to Law & Government (8 answers total)

My initial question is, did this Bail Bondsman actually call you per your BIL's request? I worry if this is an unsolicited call (who is in jail and bail-setting amount is a public record that can be obtained by any industrious businesspeople), and if this particular bail bondsman is ripping you off. Likely, though, if they have your sister's number, your BIL gave it to them, right?

You can actually contact any bail bondsmen in the area (there should be a few) in order to shop around for a fair fee. How much is the actual bail set at? When is the hearing date? I assume that you cannot afford the full bail amount; otherwise you can directly contact the sheriff's office and perhaps pay by debit or credit card over the phone (then you will get your full amount back when he shows up to court). Also, make sure that 6pm is the actual last time you can pay bail; your sister may be able to take the bus down now, with the cash, and pay the bail later than 6pm (perhaps through a different bondsman).

Otherwise, the rest of your plan seems solid. I assume your mother cannot go down to pick up the car, that would make it somewhat easier.

IANYL etc.
posted by jabberjaw at 1:15 PM on October 26, 2009

Regarding the car and the person who holds title on it: that's a very good question, and my guess is that if you call the same bureaucracy a dozen times you'll get a dozen different answers.

Perhaps the person who holds title to the car (your mother?) ought to sign a notarized letter granting the other person (your sister?) authority to pick it up.
posted by dfriedman at 1:36 PM on October 26, 2009

If you don't pay the bail, what happens? I ask only because I had friends in college who were tossed in jail for a night of being drunk around town, and were released a day later with no fee to pay (or we could have paid for them to be released on the spot - we decided they could stay in jail for one night).
posted by filthy light thief at 2:10 PM on October 26, 2009

Your mother can draft a limited power of attorney regarding the car. Sample. A notarized letter might work in practical terms, but in the strictest sense your sister should be empowered properly to overcome any potential legal snags.
posted by dhartung at 2:31 PM on October 26, 2009

In some jurisdictions and for some crimes, you have the option to pay a bond to the jail on the spot, rather than going through a bondsman. Maybe call the jail and ask if this is an option? Might well be cheaper/safer.
posted by zachlipton at 4:04 PM on October 26, 2009

The last time I had to pick up an impounded vehicle, they required proof of insurance & 2 licensed drivers (who both had to show ID at the counter before we could get the release paperwork). I'd suggest your sister check whether she'll need someone with her in order to claim the car.
posted by belladonna at 4:29 PM on October 26, 2009

Response by poster: Thanks for the replies. It seems that bb was the only one willing to work with him as he was from out of state. So we got it taken care of and she is heading down tomorrow. She talked with the impound lot and they assured her she can pick up the car.
posted by soelo at 3:16 PM on October 27, 2009

I had friends in college who were tossed in jail for a night of being drunk around town

Driving with a suspended license is pretty significantly more serious than a one-off drunk and disorderly and can mean real jail time, depending on priors (6 months, a year).
posted by Pax at 6:25 AM on October 28, 2009