Charleston, WV asked in Criminal Law, Traffic Tickets and Civil Rights for Virginia

Q: Case has nothing to do mother zero anything. , judge places stipulations she can't bond him out. Is this illegal?

I'm talking no involvement what so ever. Wasn't at her residence, she didn't know anything that allegedly occured has zero involvement, she didn't provide anyone anything she didn't have anything at all to do with the case what so ever in literally any capacity. They just know she has money to bond him out. How is it legal for them to place a stipulation that another person whome isn't at all in trouble in any way and never has been can't bond their son out of jail jail when he got into trouble. Doesn't this fall under the cruel and "Unusual" punishment section? This is for West Virginia not Virginia

2 Lawyer Answers

A: I would guess someone misunderstood what the judge did. The judge can decide whether or not to even give a bond, they can put no contact conditions etc. I would imagine someone here misunderstood what the judge actually did.

James L. Arrasmith
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Answered

A: That kind of restriction on who can post bail does seem questionable, especially if the person being restricted has no connection to the alleged crime. Bail is meant to ensure a defendant’s appearance in court, not to punish or control people who are not involved in the case. If the only reason for the restriction is that the court knows she has money, that could raise legal and constitutional concerns.

In general, courts do have broad discretion when setting bail conditions, but those conditions must have a reasonable basis. If the judge has not provided a clear justification related to flight risk or obstruction of justice, it could be argued that the restriction is unfair or even unconstitutional. The Eighth Amendment prohibits excessive bail and cruel and unusual punishment, so if this condition serves no legitimate legal purpose, it may not hold up under legal scrutiny.

Challenging this kind of restriction would likely require filing a motion to modify bail conditions. If the judge refuses to change it, an appeal to a higher court might be an option. Consulting with an attorney who knows West Virginia law would be the best step to take in order to push back against this decision. No one should have their rights limited just because they have the means to help a loved one.

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