In writing only: email and e-filing

KSTGeneral information, not legal advice
Synthetic · simulationNot a real case

Who may pay the bail deposit instead of the bail applicant, who may submit securities or a guarantee in its place, and what must such a guarantee state?

General information · Not legal advice

Material to check

In a practice file on bail, we read the court's decision granting bail for the deposit amount it set and any permission recorded for someone else to pay it, the bank receipt or deposit record showing who actually paid, and any securities or guarantee document in place of the deposit for the wording it carries.

These are types of material to look for, not evidence already verified by PRO SE.

Where readings differ

One reading treats payment by another person as resting on the court's permission: the court 'may permit' a person other than the bail applicant to pay the deposit, so money from a relative or supporter counts only once the court has allowed it, and the provision does not say who must apply for that permission.

Another reading concerns substitution rather than payment: the court may permit securities, or a guarantee submitted by someone other than the accused, to stand in place of the deposit, and such a guarantee must state that the amount will be paid at any time; the provision attaches no restriction to securities on who submits them and leaves open which securities qualify.

Your judgment

If the deposit was paid by a person other than the bail applicant, what in the file shows that the court permitted that payment?

PRO SE does not make this decision or keep a case record on this public site.

When to reconsider

We revisit this if the provision is amended so that one reference person covers both the payment and the substitution, or if a court decision explains which securities qualify or what the guarantee's wording must show.

Take this question furtherWhat stays with the party
You are reading PRO SE
RISCON Labsrisconlabs.com