Can a cop request bail instead of recog?

[ibnatasha2u]

What is the name of your state?What is the name of your state?Washington
Only replies from people offering valid advise please.
My brother in law was arrested for driving while suspended, when he got to booking the arresting officer requested bail even though it was only to be a book and release. Can the cop do that? If so why?
Thanks,
Natasha
P.S. I ask that only people that have actual advise on the question reply.

 

[CdwJava]

How do you know the officer "requested" bail?

Generally, bail schedules for offenses are set by the court based upon the charges. Additionally, jails may have a policy that permits a person to be released on a citation as opposed to bail - depending on the charge.

And, releases are also based upon factors such as job, length of time int he community, ties to the community, etc. You have to score a certain level in these areas to qualify for O/R (cite and release).

Any of these could have been the case.

However, chances are real good that if the officer had an option to request bail as opposed to cite and release that he had the lawful right to make the request. Whether the jail has an obligation to follow that advice is a different question.

Why do you ask?

- Carl

 

[ibnatasha2u]

I was on the phone with my brother in law when the booking officer told him the arresting officer had requested bail instead of release.
Why do I ask? Because he is family and I'm the one going to put up the bail.
As for all the rest. He has lived here in Clark County Washington for his whole 40 years, he has had the same job for the last 5 years. Would that be something that would be considered for release on his own recog?
Why do YOU ask?

 

[CdwJava]

Why do YOU ask?

Fine ... be snippy.

Find out your own answers. I'll simply rescind my e-mail query on this question which I forwarded to a couple of WA cops.

Good luck.

- Carl

 

[ibnatasha2u]

You would be snippy too....

If you have had replies to posts from some of the people that I have had the displeasure of getting replies from, you would respond the same way. I just thought that "why do you ask" was maybe you being snippy with me. I do appologize.
Natasha

 

[CdwJava]

No, the "why" can be an important question. It usually leads to additional details of the incident being discussed.

Additionally, if it is an issue of curiosity, then it is something that we can all chew on for a few guesses. If the bail requirement resulted in a jail stay that ended up with his injury, death, or receiving some horrible ailment, then there might be a real legal issue that needs to be discussed with an attorney.

This COULD be a discretionary matter on the part of the arresting/booking officer. If it is, then the only way it will likely be unlawful or improper would be if it could be shown that the only reason the officer requested bail and not O/R for your bro-in-law was because of your bro-in-law's status in a protected class of individual.

What you post would seem to indicate that he would be an acceptable candidate for O/R. However, WA may also have regs that do not permit O/R on certain offenses, repeat offenses, or under circumstances where the officer believes the offense may be repeated.

I know that in CA bail is rarely an issue for the officer unless we request an enhancement, or in some DV cases.


I believe there is a WA legal type that posts here ... though I can't recall who, at the moment. Maybe they will weigh in.

- Carl

 

[ibnatasha2u]

Carl,
Thank you for your help. If you hear back from your Wa. cop friends please let me know what they say. Again thank you for your help.
Natasha

 

[harbor14]

What is the name of your state?What is the name of your state?Washington
Only replies from people offering valid advise please.
My brother in law was arrested for driving while suspended, when he got to booking the arresting officer requested bail even though it was only to be a book and release. Can the cop do that? If so why?
Thanks,
Natasha
P.S. I ask that only people that have actual advise on the question reply.

There is no such thing as book and release here in Washington as a rule. It sounds like he was taken to jail and booked. The bail schedule for DWLS 3 is $500, higher if it is 2d or 1st. The bail schedule is set by the state not the officer.

We have the option of issuing a criminal citation and releasing, but not booking and release.

Hope that clears it up.

 

[ibnatasha2u]

Really?

Well no that does not clear it up. Maybe "Book and Release" is not the true and legal term, but I have heard Clark County deputies call it that on several occations. I'm guessing that you are cop here in Wa. state. You sound alot like maybe a state trooper. ???
Anyway.. You obviously aren't located in Clark County, it seems that they can make up the rules as they go.
You also might want to try checking the RCW's,you did know that the driving while suspended laws have changed, right? Finally no more suspension for stupid stuff like non payment of a fine that has nothing to do with a persons abilaty to drive.
Thank you for you thoughts though.
Natasha

 

[harbor14]

Well no that does not clear it up. Maybe "Book and Release" is not the true and legal term, but I have heard Clark County deputies call it that on several occations. I'm guessing that you are cop here in Wa. state. You sound alot like maybe a state trooper. ???
Anyway.. You obviously aren't located in Clark County, it seems that they can make up the rules as they go.
You also might want to try checking the RCW's,you did know that the driving while suspended laws have changed, right? Finally no more suspension for stupid stuff like non payment of a fine that has nothing to do with a persons abilaty to drive.
Thank you for you thoughts though.
Natasha

Ok, the laws for DWLS have not changed; the court ruled only on a due process question for DWLS 3rd degree for individuals who were being suspended for failure to pay fines; all other suspensions (DUI, DWLS 2/1) are still valid and are criminal traffic offenses - meaning arrest and booking/or arrest/citation and release.

Officers do not set/ask for bail - this is set by courts we have no say so in it and a bail schedule is set pretty much in stone. Pre-trail services at the jail can authorize a PR release but in my experience it is usually only done if the jail is at or near capacity.

Was he booked for DWLS 3rd or what? What was his bail amount?

And finally, suspension of driving privileges have nothing to do with a person's ability to drive. These are stautory penalities passed by the legislature for certain traffic offenses (MIP, DUI, PYCON etc).

 

[CdwJava]

Natasha,

I am still curious what the query is for. Is it curiosity? If so, it seems you have the answer.

If it's because something grievous happened to this person in jail and someone is looking for a pound of flesh, the jailed party needs to consult an attorney.

- Carl

 

[ibnatasha2u]

Carl,
No pound of flesh wanted here. Unfortunately here in Clark County, Washington it wouldn't matter. No my bro in law was booked in on DWS3 and (you'll love this) falsifying financial responsibility proof of insurance. Even the records keeper at the jail said she had never heard of this one.
Anyway, it was the fact that this particular deputy was a little bit "snippy" and requested that my bro in law post bail rather than be OR'd. I just was curious as to whether or not he could do this, but then again I have to remember what county I live in, it seems that they make up laws as they see fit here.
So did I help your curiousity? They say "curiosity killed the cat", but I always say that "satisfaction brought him back."
Natasha

 

[CdwJava]

Well, the simple respolution will be if his attorney says it was unlawful. My guess is that it IS perfectly lawful, so while it may have sounded like it was the officer's discretion it likely was not.

Arresting officers do not make bail decsions - no matter the county.

So, it's done. Now he has to fight his case in court. No reason to continue dwelling on it.

- Carl

 

[ibnatasha2u]

Oh and to answer harbor14, the bail was 500.00 for the DWS 3 and 475.00 for the other made up charge.
As for the new ruling for DWS, whatever the change was or wasn't, it was for the good. For people like my brother in law whos DWS history is all from an unpaid fine for expired tags. He wasnt able to pay it in the time given and it went to collection, it snowballed from there. A bored cop ran his plate it came up regitered to a suspended driver, he pulled him over, gave him a ticket, impounded the car, he walked home in the rain, and so on and so on ...... Now with the change in the laws, he has to pay the expired tag ticket, a reinstatment fee, and and he gets his license. At least thats what was going to happen till now. I guess we find out more on Monday.
Natasha

 

[harbor14]

Oh and to answer harbor14, the bail was 500.00 for the DWS 3 and 475.00 for the other made up charge.
As for the new ruling for DWS, whatever the change was or wasn't, it was for the good. For people like my brother in law whos DWS history is all from an unpaid fine for expired tags. He wasnt able to pay it in the time given and it went to collection, it snowballed from there. A bored cop ran his plate it came up regitered to a suspended driver, he pulled him over, gave him a ticket, impounded the car, he walked home in the rain, and so on and so on ...... Now with the change in the laws, he has to pay the expired tag ticket, a reinstatment fee, and and he gets his license. At least thats what was going to happen till now. I guess we find out more on Monday.
Natasha

RCW 46.30.040 is the staute that covers providing false evidence of financial responsibility: Any person who knowingly porivdes false evidence of financial responsibility to a law enforcement officer or to a court, including an expired or cnaceled insurance policy, bond, or certificate of deposit is guily of a misemeanor.

It is not a made up charge.

He was booked on two seperate charges, both criminal traffic. I still dont see what the issue is. He was arrested, taken to jail, booked and given an chance to post bail. It is the way the system works.