QUESTION

Can an officer ask for money in lieu of sending me to jail?

Asked on Jan 03rd, 2012 on Criminal Law - Washington
More details to this question:
When I was pulled over 6 months ago for expired registration and suspended license, I was told I would receive a citation in the mail that never came. So the cops showed up at my home saying they had 2 bench warrants and we could resolve it on the spot if I paid the officer 100 cash or I'd have to go to jail . I told him I didn't have it and he gave me until Friday to call his cell with the money and he'd return to pick it up. Is this a legal procedure?
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35 ANSWERS

Estate Planning Attorney serving Clinton Township, MI
Contact state police stat.
Answered on Jul 08th, 2013 at 1:03 AM

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Gary Moore
Call the court. You will probably discover that you have warrants that the bail is $100.00. Call the court, in any event to take care of the warrants and do it NOW.
Answered on Jul 08th, 2013 at 1:03 AM

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Appellate Practice Attorney serving Bloomfield Hills, MI at Law Office of William L. Spern
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Call the local prosecutor and turn the officer in immediately.
Answered on Jul 08th, 2013 at 1:03 AM

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Felonies Attorney serving Cocoa, FL
Partner at Gutin & Wolverton
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I have never heard of such a legal procedure.
Answered on Jul 02nd, 2013 at 9:50 PM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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On the surface, that would appear to be unethical.
Answered on Jul 02nd, 2013 at 9:50 PM

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Business Entity Formation Attorney serving Poughkeepsie, NY
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Absolutely not. Please go to your local justice court to resolve your warrant.
Answered on Jul 02nd, 2013 at 9:49 PM

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Personal Injury Attorney serving Omaha, NE
No.
Answered on Jun 02nd, 2013 at 8:49 PM

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Steven D. Dunnings
No.
Answered on Jun 02nd, 2013 at 8:48 PM

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Jacob P. Sartz
If there was an interim bond for the warrants, then perhaps the officer was simply noting that if you pay the one-hundred dollars, you won't have to go to jail. However, generally, with outstanding warrants, you are still supposed to get booked first, even if you post bond immediately, so the court will be notified and set the matter for your next court-appearance. I'd recommend you contact and notify a local defense attorney. There is always a possibility of some type of corruption. It sounds suspicious to me. It's really suspicious if the cop was asking essentially for a pay-off. They are supposed to arrest you if you have warrants and let you sort out the bond issues.
Answered on Jan 19th, 2012 at 9:00 AM

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Certainly not. Contact the court to see if there really is a bench warrant and contact the chief of police to report this incident.
Answered on Jan 11th, 2012 at 10:16 AM

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Michael J. Breczinski
I have never heard of such a procedure. If he does not give you a receipt then something is not right.
Answered on Jan 10th, 2012 at 1:32 PM

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Criminal Defense Attorney serving Chicago, IL
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No, that would be bribery.
Answered on Jan 10th, 2012 at 8:57 AM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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It appears that the money asked for is for a bond. You would still need a Court date after that. In some jurisdictions if the officer collects a bond, then you do not need to be arrested, taken to the station, and then post $100 bond. This procedure is not commonly used as often now, and instead, appearance tickets are issued. This involves giving you the ticket and then you have to go to the Court to post the $100 bond within 10 or 14 days. Should you fail to go to court, then a warrant could be issued. It works the same way, only the police officer does not handle the bond, and instead, you go to the Court. You should call an attorney in the jurisdiction to see which is the common practice and if there is any need for alarm over the officer's actions.
Answered on Jan 09th, 2012 at 11:57 AM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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This definitely sounds suspicious. You should contact an attorney who can check with the Court to see if a warrant has been issued. If the court has issued a warrant, you will need to clear it up with the Court not the police.
Answered on Jan 09th, 2012 at 11:56 AM

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This is horrendous. He is trying to solicit a bribe. A BIG CRIME. Anyhow you should immediately go right to the DA office and offer to wear a wire when you talk to the cop. Probably even better is if you have a lawyer do this initial contact with the DA for you. Bust this POS. There are so many dishonest cops. It would be great if you could nail one.
Answered on Jan 09th, 2012 at 11:36 AM

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Drug Charges Attorney serving Houston, TX at Cynthia Henley
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Does not sound right. You should contact the court and see what they say, and also contact the police department. If not legitimate, file a complaint with police internal affairs.
Answered on Jan 09th, 2012 at 11:33 AM

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Samuel H. Harrison
Not in Georgia. You need to contact the district attoney or hire a private attorney to do so for you.
Answered on Jan 09th, 2012 at 11:08 AM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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No. It sounds like a set up to me. Don't give him a dime.
Answered on Jan 09th, 2012 at 10:53 AM

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Criminal Defense Attorney serving Weaverville, CA at James H. Dippery, Jr.
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Not legal this week or next. My suggestion is to contact a different local law enforcement agency, tell them what happened, and assist them in setting up a sting operation.
Answered on Jan 09th, 2012 at 10:42 AM

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Assault and Battery Attorney serving Tacoma, WA at Michael Maltby, Attorney at Law
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This is certainly not legal and if there was a valid warrant, the officer had a duty to arrest you.
Answered on Jan 09th, 2012 at 10:34 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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No. That is soliciting a bribe.
Answered on Jan 09th, 2012 at 10:33 AM

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Criminal Law Attorney serving Boulder, CO
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No, that sounds like a bribe.
Answered on Jan 09th, 2012 at 10:03 AM

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Criminal Defense Attorney serving McKinleyville, CA at Law Office M. C. Bruce
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NO! This is a scam! Call the agency which allegedly issued the warrant (get the number from the telephone book) and talk to them.
Answered on Jan 09th, 2012 at 9:56 AM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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This is an absolute scam. First - get a lawyer because apparently there may be warrants out for your arrest. Once you do that, tell them what's going on so they can contact the TRUE authorities about this.
Answered on Jan 09th, 2012 at 9:50 AM

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Criminal Defense Attorney serving Santa Rosa, CA at Michael T. Lynch
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This seems very wrong to me. If an actual bench warrant exists you can verify at the criminal clerks office. If a warrant does not exist report the incident to the real police.
Answered on Jan 08th, 2012 at 2:56 PM

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Absolutely not. You should contact the local news and have a reporter on standby at your house. Try and catch the cop in the act.
Answered on Jan 08th, 2012 at 2:51 PM

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Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
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No. That's called bribery or official oppression. Call the local police and ask for internal affairs department. They will set up a sting on this officer and take him down.
Answered on Jan 08th, 2012 at 2:50 PM

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Criminal Law Attorney serving Santa Ana, CA
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Uh, No! That sounds pretty illegal to me. Go to the station and make a complaint to the watch commander. But take care of your warrants first in court. Best to call a lawyer immediately.
Answered on Jan 08th, 2012 at 2:49 PM

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General Practice Attorney serving Woburn, MA at AyerHoffman, LLP
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While it is possible there is some statute where you live which allows this method of fine collection, it is highly unorthodox. You should call the court from which the warrant issued and inquire generally, and anonymously, about this. If speaking with the court does not resolve the question, speak with a criminal defense attorney as soon as possible. On its face, this sounds like a scam.
Answered on Jan 08th, 2012 at 2:49 PM

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Other than an illegal bribe I have not come across any situation where an officer would take any form of payment on an infraction. The fact that he gave you his cell phone number and not an office number is also suspicion. You need to contact the court clerk and see if you have any warrants. Then deal only with the cashier at the court for money payments. You should report the contact of this officer to the police.
Answered on Jan 08th, 2012 at 2:27 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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I would report this officer to his supervisor. What he/she is doing is absolutely wrong. What he/she is doing is extortion. This officer needs to be reprimanded or fired.
Answered on Jan 08th, 2012 at 2:00 PM

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Criminal Defense Attorney serving Castle Rock, CO
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Absolutely not. This officer is likely committing a crime and you would be well served to contact your local Law Enforcement Agency (but not the same this officer belongs to) and advise them of the situation and cooperate with a sting to have this officer arrested. Not only will your payment to this officer not be legal, but it also probably would not serve to relieve you of the warrants if they actually exist. This officer needs to be taken down.
Answered on Jan 08th, 2012 at 1:58 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Sounds fishy. I would call the department and check on this to see if legitimate.
Answered on Jan 08th, 2012 at 1:54 PM

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Criminal Defense Attorney serving Denver, CO at The Law Offices of Jaime Cowan, P.C.
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No it is not. Check with the court to see if there is actually a warrant out for your arrest.
Answered on Jan 08th, 2012 at 1:38 PM

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Appellate Attorney serving University Place, WA at Baner and Baner Law Firm
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Call the local police office is my advice. Something sounds suspicious, but I do not know if that is a legal procedure where your at based on your facts or not. A Bench warrant is a warrant issued typically due to a failure to appear in court, and it is an arrest warrant directing officers in Washington to arrest you and bring you before the judge (bench) that issued it. You may also want to contact the court where the supposed bench warrant has been issued to schedule a motion to quash the warrant.
Answered on Jan 08th, 2012 at 1:37 PM

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