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Bail Bond for Physician's - You Just Got Arrested - How Do You Get Out ?


Bail Bond for Physician's - You Just Got Arrested - How Do You Get Out ?

A physician arrest is a shocking event.  Here we address the questions:

1. Can a Lawyer post an “Attorney Bond” to Bail a Client from Jail?

2. What Options Does a Physician have to be let out of Jail?

3. Is there a Get Out of Jail Free card?

I Got Arrested - Get me Out !

Medical doctors who are arrested for insurance fraud, healthcare billing matters or other financial crimes will be arrested and jailed just like any other criminal suspect. Upon seeing the jail walls, the physician’s first question will always be, “can I post bond?”

Can the Doctor's Lawyer Post the Bond?

Bail Bonds are posted by companies that specialize in this field but they are not the only avenue for a physician’s release. Physicians who are arrested will often ask “can the attorney post bond for the physician client?” This is actually an ethical issue.

The State Bar of California in FORMAL OPINION NO. 1981-55 addressed the issue in general terms. For small amounts, an attorney is not ethically prohibited from acting as a surety for his or her client and guaranteeing his or her client's obligation to a surety on a litigation bond.

However, if the bail bond is relatively large, the attorney may thereby be acquiring a pecuniary interest adverse to his or her client, and the client should therefore consent in writing in advance.

If My Lawyer Can't Post Bond, What Other Options Do I Have ?

We generally recommend that a doctor use real estate to secure bail. Real estate can be posted in lieu of cash bail. However, it is not an instant process. It is best to set up the property bond prior to the arrest. A experienced law firm can assist you with this.

While some physician arrests are a complete surprise, in general you should have some notice. Use this notice or warning period to line up all of your “defense ducks” because when you are arrested law enforcement will also freeze your assets and destroy your cash flow.

I Want Out NOW - I Don't Care What it Costs !

If you are not prepared to post a property bond, hiring a private bail bond company will cost you 10% (or so) of the total amount posted. Using a house as security costs less than $ 5,000 total.

In sum, a lawyer bond is not realistic for any large amount. A bail bond is available but expensive. A property bond takes time to prepare but it is highly cost effective and is the preferred method for posting large amounts for bail.

The Free Method

New bail laws in California presume that a person should be released without significant bail if they are not a threat to flee and not a threat to others.  This law is often not followed but it is always worth an attempt to find the duty judge and have the bail reduced.  Alternatively, a few days after arrest the same request can be made in open court.

The Horowitz Physician group features physician lawyer Dr Mark Ravis (MD/JD) and Daniel Horowitz whose jury trials and courtroom work has protected the licenses of many medical professionals.