Scams that prey upon people through threat of arrest

Watch Out! Scammers scare people with threat of arrest!

Today I received a call from a client's father letting me know that a police officer involved in their case had reached out to offer an amazing plea offer. The entire case would be dismissed with a “no contest plea,” along with “expungement.”  Presumably the next step would have been sending the fine money and court costs.

The client's father was extremely excited because his son is facing serious charges. I had the unenviable job of telling him that police officers do not call to offer plea agreements. 

As a criminal defense lawyer for almost 30 years, I am aware of how the court system works. Ordinary people do not. I immediately knew that, to begin with, police officers do not make plea offers. I also knew that the court system does not move so quickly as to make plea offers in less than one week. Additionally, I was aware that in Georgia we do not have “expungement;” we have record restriction, which is similar, but not quite as broad.

More and more I am hearing from people about various scams that prey on vulnerable people. These scams include:

The Bonding Company Scam:

This is when an alleged bail bonding company calls and says you have a loved-one or friend has been arrested and needs money sent to post the bond. In fact, bonding companies do not reach out unsolicited. If you receive this call, try to reach out to the person they are claiming who in is jail. Furthermore, most jails have a website that lists each person in custody. You can check it. If there is no website, call the jail directly. 

Jury Duty Scam:

People are being called and told that they have missed jury duty and must post a cash bond to avoid arrest. Before suffering a consequence for missing jury duty, a judge would have to impose a sentence for contempt of court. The person facing contempt would be served with legal papers indicating that they are facing that consequence.  They would be entitled to a hearing to explain their absence. Again, police officers will never call someone asking for money. 

Missed Court Date Scam:

We have heard from people who call our office that are being threatened with arrest for missing a mysterious court date. They are being told they must pay a fine or post bond to avoid arrest. This is also a scam. Again, police officers will never call asking for money. Yes, there can be bond set for a missed court date, but any money would be posted at the jail or paid to a professional bonding company. Also, your county sheriff has a list of approved professional bonding companies and can provide it to you. That list is often on the Sherriff's website.

Other Tips When Dealing with the Criminal Justice System:

• When called by an alleged police officer, remember caller ID can be made to appear to be from a government office. Do not be fooled. Look up the number of that police department and call them back directly.   
  
  
• Police officers make arrests and enforce the law. They do not run the criminal court system. Once an arrest is made, the case will be decided by judges, with the state being represented by a prosecutor (in Georgia the District Attorney or Solicitor General) and the defense represented by your own attorney.
  
  
• Public Defenders and court appointed attorneys will never request money (other than a $50 application fee for their services.)
  
  
• You are never assigned an attorney by the bonding company. You have the right to hire your own attorney or the right to apply for a public defender if you meet the guidelines.
  
  
• Never send money, gift cards, or crypto currency to anyone who solicits you.  Furthermore, the court system does not take gift cards, iTunes cards, Google Play cards, or crypto currency at all. 
  
  
• If you feel you are being scammed, contact a lawyer. You can find criminal defense lawyers online at a moment's notice. 
   
• Have a family safe word or phrase. Make sure it is something that only your family would know but not something you use for other things. If you are called by someone purporting to be helping your loved-one, ask them for the safe word.