Agreed. I was not
encouraging Shoonra to say anything. The things she says are very useful around here...
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Originally Posted by Shoonra
I have tried to find recent instances of someone getting bail via a worthless document like an IBOE. The closest I could find was a John Perry Chaney, one of the members of a polygamous Mormon cult, who was arrested for statutory rape in Illinois, circa 1994, and one of his buddies tried (& failed) to spring him with some Montana Freemen funny money. Chaney is, last I heard, serving a life sentence.
But it clearly has happened, although perhaps not successfully recently. There was an unpublished California case in which the judge referred to a published set of California Jury Instructions which included the instruction that the jury could consider as further evidence of the defendant's guilt that the defendant had tried posting worthless or fraudulent bail. Presumably this instruction was worked up for a (much) earlier case.
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Here we are listening to the typical (theoretical) attorney sophistry Shoonra is famous over!
When people pay or discharge a debt with county court or whatever, all you hear about is that the case is settled. She would have you think that the clerk accepting or waiving the obligation in the alternative is something she would be able to find notation about.
I got a call today from the suitor I have mentioned. She had her spouse pick up the plea bargain agreement on Friday afternoon just before trial on Monday morning. Then on Saturday they had me over for dinner and we went through it strikethrough almost all the verbiage, which was all offensive. Then she picked up a $96 money order when dropping me off, filed the agreement and the instrument at the county clerk and recorder at 8 and her 8:30 trial was postponed.
A week later the prosecutor called her and said they would be returning the agreement and money order Certified Mail. It never arrived. A few weeks later the judge called her and asked if she and the prosecutor had reached an agreement? Maybe she should have answered yes, since he never sent the MO back - that's agreement, right?
After the first trial date skipped she heard there was a warrant so she turned herself in and bonded out. Since the new trial date was so far off I about forgot about it. Anyway the next I heard that judge was recusing himself for conflict of interest, unspecified. He had put his attorney registration # on the record and even explained on the transcript that judges had to be attorneys in the State of Colorado. He ended the letter saying he was sure another judge would be assigned in time for her trial.
Which brings us to today...
The court finally realized that the prosecutor had accepted the agreement months ago and gave her back her bond money.
Maybe she should have just written the payment in a POMC instead of discharging it with a money order? That particular county court has accepted POMC's in the past so they have already thought that over. Of course Shoonra will not find any record of how somebody fulfills the obligation, only that the obligation has been filled. Nothing to see here folks.... move along...
Regards,
David Merrill.
