Quote:
Originally Posted by MacauBound
Not sure what role B and C will play, but A is absolutely a reason to declare funds separate from defendant.
If Accused Criminal gets arrested, his wife would be ill-advised to bail him out w 500k in crumpled 20's, for ex. If they flee, bail is forfeited. If defendant violates terms of pretrial conditions/probation, judge can revoke bail and lock up defendant. Not sure what would happen to Robl's money in Nevada if bail is revoked, I think judge can have money seized, but would be unlikely to exercise that option in this case (as Robl put up bail w legitimate funds in good faith to help a friend, with the expectation that defendant would abide by conditions of bail).
I'm pretty sure that he could post his own bail in this case because he is a legitimate business man and could prove that his funds our legit.
B plays a roll because if you post your own cash bail that money is used to pay court costs and fines. If a bondsman or Robl in this case puts up the money it can't be held for those reasons. So if he doesn't plan on paying the fines it would make sense for him to use someone else to post the bail. It wouldn't surprise me though if the money Robl put up wasn't actually his and just money he got from one of Phua's buddies.
Your example with the wife is an extreme hypothetical case that rarely occurs and is completely irrelevant in this case. It's not like he would be posting this bail with 20's.
Yes if they flee bail is forfeited but it is forfeited no matter who puts it up. If they were to flee in this case Robl would be out the money. If your bail is revoked most of the time the money would be returned because you would be in custody and make your court appearance. Bail is just there to make sure you show up to court. If you don't show up to court you don't get the money back, show up you get it back (minus fines and court costs). It's not like the money would be returned if the skipped just because they didn't post it. Hence the reason why bounty hunters go after people.