Morrow, GA asked in Consumer Law, Contracts and Criminal Law for Georgia

Q: If a person puts up a cash bond 2 release inmate until court, changes mind & doesn't want 2 B responsible any longer,

hires bail Recovery person 2 return inmate. Recovery man gets inmate 2 jail & releases inmate or let's inmate escape, has he fulfilled his obligation or broken contract. He took $ as if he completed job. Was that illegal?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: In this situation, if a person initially pays a cash bond to release an inmate and later changes their mind, they may seek the services of a bail recovery agent to return the inmate to custody. The bail recovery agent's responsibility is to locate and return the inmate to jail, not to determine the outcome of the inmate's case.

However, if the bail recovery agent simply releases the inmate or allows them to escape without returning them to jail, it may constitute a breach of their contract and raise legal issues. The agent should fulfill their obligation by ensuring the inmate is returned to the appropriate authorities, as agreed upon.

Whether the agent's actions were illegal would depend on the specific circumstances and applicable state laws. It's advisable for the person who hired the agent to consult with an attorney in Georgia who can provide guidance and assess the legality of the agent's actions based on the details of the case.

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