17 year old kid shot dead by Neighborhood Watch "Captain"

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    Blackhawk2001

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    I'm curious and I don't know, but when one is being considered for bail, is "income" considered, or are "available assets" considered? In other words, are we having an argument over semantics, or is there really a difference at law between "income" (money earned) and "assets" (money - or potential money - no matter its source)?
     

    rgrimm01

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    Curious if the bail would be set at such an amount as to financially hamper a proper defense? Not saying that is the intent but rather a possible result of having a bail that approaches available cash/assets.
     

    Fletch

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    CarmelHP

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    Are we really saying that the IRS's definition of "income", which is purely artificial and spans hundreds of pages of the federal code and caselaw, is what "income" means in common English as used in a bond hearing?

    Joe

    Perhaps. What did the judge ask at the bond hearing, did he ask about income or assets? I'd be surprised if the judge asked only about "income." Asset holdings are a better indication of liquid wealth than income. There are, in general, no laws concerning not disclosing gifts you receive. There are laws regarding perjury. Are you saying those are the same thing?
     

    Fargo

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    In a state of acute Pork-i-docis
    Perhaps. What did the judge ask at the bond hearing, did he ask about income or assets? I'd be surprised if the judge asked only about "income." Asset holdings are a better indication of liquid wealth than income. There are, in general, no laws concerning not disclosing gifts you receive. There are laws regarding perjury. Are you saying those are the same thing?


    I know of no state criminal court that considers income in the context of a bond hearing to be in any way defined by the federal tax code. Heck, I don't know of any state court judge that would even have a complete knowledge of of the tax code. A defense fund that has a balance and is receiving donations is going to qualify as an asset as to the balance and as income in regard to the average amount of money received for bond purposes.

    I don't exactly understand the question in the last part. At every bond hearing that I know of, you are required to disclose both income and assets under oath. If you lie it is perjury, if you refuse it may be contempt or it may just mean denial of your motion.

    Best,

    Joe
     
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