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Arrest Warrant - procedure question

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kelbie

Junior Member
What is the name of your state? Iowa

My husband had a bank account he closed over a year ago when we moved out of Wisconsin to Iowa. He closed it after the bank said all checks had cleared...obviosly they were wrong.

Last week the police knocked on the door with a warrant for his arrest saying he has a theft charge and that's all they could tell him. The bond was set at $6,500

He went to jail and while there he asked 7 times if he could make a phone call and was told no. The police told him he could make a call after he sees the judge in the morning. My husband had no idea what he was being charged with, they only told him theft. He did not know the exact details of the charge until he read it in the paper the next day. He was released on a signature bond after seeing the judge.

Is it wrong that the police would not give him the opportunity to make a call and post bond?
 


racer72

Senior Member
Is it wrong that the police would not give him the opportunity to make a call and post bond?
Only a judge can set the bond requirements and it wouldn't do any good to call someone till he knew his bond status. Your post sounds like normal operating procedure for 90% of the police departments in the US.
 
racer72 said:
Only a judge can set the bond requirements and it wouldn't do any good to call someone till he knew his bond status. Your post sounds like normal operating procedure for 90% of the police departments in the US.
True that.. They could have called the judge before he was taken into custody and got a bail amount for him. Does he have any enemys of anything? sounds like somebody wanted to make an example out of him.....
 

kelbie

Junior Member
Arrest warrant - procedure question

RedemptionMan said:
True that.. They could have called the judge before he was taken into custody and got a bail amount for him. Does he have any enemys of anything? sounds like somebody wanted to make an example out of him.....

I asked the officer at the time of his arrest how much the bond would be and he said 10% or $650. The officer said my husband could call once they got to the station and did the paperwork. I waited 5 hours and no call. So I called the station and the officer that answered told me my husband chose not to call. My husband said he asked him 7 times to call.

He doesn't have any enemies, no criminal record, no anything.
 
kelbie said:
I asked the officer at the time of his arrest how much the bond would be and he said 10% or $650. The officer said my husband could call once they got to the station and did the paperwork. I waited 5 hours and no call. So I called the station and the officer that answered told me my husband chose not to call. My husband said he asked him 7 times to call.

He doesn't have any enemies, no criminal record, no anything.
Oh I forgot to tell you that the jails and the people that run them operate on their own time frame. It is like animals at the zoo. The zoo keepers are in charge. There are good keepers and bad ones -- looks like your husband ran into some bad ones. Hoepfully, after talking with the zoo keepers you surely realize what type of people you are dealing with? kinda similar to the ones they lock up huh? :rolleyes:
 

outonbail

Senior Member
My husband had a bank account he closed over a year ago when we moved out of Wisconsin to Iowa. He closed it after the bank said all checks had cleared...obviosly they were wrong.
How would the bank know that all checks had cleared? They weren't writing them, your husband was. They would have no way of knowing how many were written by your husband, so your reasoning that it was the banks fault isn't going to fly with anyone but his family (you). Obviously he was wrong!

Also, the bank has no way of stopping your husband from writing another check after the bank account was closed. They don't make you return unused checks.
 

kelbie

Junior Member
outonbail said:
How would the bank know that all checks had cleared? They weren't writing them, your husband was. They would have no way of knowing how many were written by your husband, so your reasoning that it was the banks fault isn't going to fly with anyone but his family (you). Obviously he was wrong!

Also, the bank has no way of stopping your husband from writing another check after the bank account was closed. They don't make you return unused checks.
When he went into the bank he brought the checkbook which has carbon copies of all checks that were wrote on that account. The bank employee went through the checkbook and whatever that was on her computer screen at the bank verifying. If she said check #3211 & 3212 have not cleared yet we wouldn't have closed the account. Instead, she said everything had cleared and we were good to close the account.

I never said it was the banks fault nor did my husband write the check on a closed account. The account was open for weeks after he wrote the check.
 

CdwJava

Senior Member
Has he hired an attorney yet? It sounds as if he doesn't even have all the details yet, so there may be something bigger out there.

Hire an attorney, find out the details, and then make a decision on a defense.

- Carl
 

outonbail

Senior Member
kelbie said:
When he went into the bank he brought the checkbook which has carbon copies of all checks that were wrote on that account. The bank employee went through the checkbook and whatever that was on her computer screen at the bank verifying. If she said check #3211 & 3212 have not cleared yet we wouldn't have closed the account. Instead, she said everything had cleared and we were good to close the account.

I never said it was the banks fault nor did my husband write the check on a closed account. The account was open for weeks after he wrote the check.
You've got to be kidding,,,,, I've never asked a bank teller to do my math.
Your husband must have had one of those full service accounts. :rolleyes:
 

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