collecting "pay to stay" from defendants not convicted

[john39]

question answered

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[CourtClerk]

In short, yes they can.

 

[john39]

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[CourtClerk]

There are no statutes AGAINST it from what I know, making the practice completely legal if you are in the custody of the Sheriff's Dept.

 

[john39]

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[CourtClerk]

That is correct. If there is no law making it against the law, then it is completely legal for the Sheriff's (or any other corrections entity) to charge for the cost of incarceration.

Juvenile facilities (especially) do it all the time.

 

[john39]

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[john39]

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[justalayman]

Because there is no law against it?

that's the same reason I can paint my house lime green. Laws are generally restrictive, not permissive. That means, they limit actions so, if there is no law restricting an action, it is generally considered to be legal.


I would think a person could make a reasonable argument that since they were not found guilty, there is no justification to charge them for their stay. Basically, since it wasn't proven you should have been jailed, they have no right to charge you. I do not know if that would win a case or not since the police have to have probable cause to make an arrest. That may be enough to allow the sheriff to charge for your stay.

 

[CourtClerk]

that's the same reason I can paint my house lime green.

I think that's a violation of the fashion police statute #388974.23 (a) subsection: tacky.

 

[CdwJava]

Since you did not indicate your state (putting "N.A" instead) it is impossible to say whether or not such a policy or practice exists.

I know of no such policy in CA where you have to pay for incarceration if not convicted, but I also do not know of any law that would forbid a county from seeking compensation for the time served ... though I doubt a civil court would go along with it for many reasons.

Your state may differ. Hence the reason we need to know the state.

 

[john39]

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[divona2000]

...so is all this conjecture for a High School class or a college class?

 

[john39]

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[john39]

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