Two days ago, on the advice of the attorney I hired for my brother, I bonded him out of jail and got a hotel room for him for a few days until his could figure out where he would be living. I paid for the hotel room because my brother did not make it to jail with his billfold or credit cards.Brother was in jail for violating a protective order filed by his wife. The PO was filed based on disruptive behavior at home due to alcohol abuse. The behavior was primarily loud arguing and verbal harrassment--no threats of violence or attempts to harm anyone. Our family had never seen this behavior in person, so we had no basis to gauge how it really looked. His wife told us she just wanted him to go into treatment for his alcoholism. I sought out an attorney because I was trying to find out what it would take to get him court ordered into treatment. I was trying to do whatever necessary to support him and get him some help because botXXXXX XXXXXnThe attorney we hired to represent him met with him several times, and was gauging his behavior as to whether to bond him out before the PO hearing tomorrow morning. She recommended that after 9 days in jail he was quite sober, contemplating filing for divorce, and discussing his commitment to getting help with his alcohol problem. She decided he should bond out a day or two before the hearing so that he could get his street clothes and have a little time to clear his head. Before we got him out, I asked her if she felt certain that he could be okay alone in a hotel. I was not in a good situation to take him in, and none of the rest of our family lives near here to take him. She said she thought he would be fine, based on their interviews while he was in jail. Before he bonded out, I bought my brother a few articles of temporary clothing, as he was arrested in his pajamas and that's all he had. I figured they would hold him until we could get his personal clothes from his wife. I gave those to him when he was released, took him to the hotel, and also gave him some money in case he needed to buy food. This was at 3 in the morning. I went home and agreed to come back and take him to his house to get his things if he could get a sheriff's escort (which is what his attorney advised us to do).Long story short, while I was away for a few hours, he got hold of some beer, got drunk, and became disruptive. It was a very unnerving experience and I didn't know what to do. I stayed with him through a lot of incomprehensible ranting, then when he finally quieted down, I left the room to contact his lawyer for advice. Eventually she came to the hotel to talk to him. Before she talked with him, she told me her best advice would probably be to have his bond revoked and have him taken back in. She stated that this way he would be contained, but it wouldn't amount to an additional arrest on his record.After she spoke to him for 45 minutes in his room, she came out saying that she had changed her mind, and that he should just stay there for an additional night. She felt he was ready to sleep (he had been up for 36 hours at that point), and that she had a serious discussion with him about how he could not get in any additional trouble or risk an arrest before tomorrow (Monday, the 2nd). She advised me that it was now up to him, and we needed to let him hit bottom. If he gets arrested, he gets arrested. She left her card with the hotel desk clerk to contact if there was any problem.BotXXXXX XXXXXne is there was a lot of problem. He was publicly disruptive throughout the day, and I got a call from her at 7pm that the hotel wanted him out NOW because he was walking out of his room naked. Obviously, there were much bigger problems here that any of us had a bead on. His attorney called me in a panic saying that his problems were much deeper than anything she had realized (even after interviewing his wife the previous night). She told me she could not take him in and that this was way too big for me to take on (I certainly agreed with that). She told me to call the bail bondsman and have his bond revoked. I asked her what would happen then. She said that they would send the police out to pick him up, or that the bondsman himself would come out and get him.I called the bondsman immediately. He told me there was nothing he could do because the paperwork had not been filed and there was no warrant out for his arrest. I'm running out of space here. The wrap-up is that the police were finally called to get him out of the hotel. He may have been arrested again. I need to know if I am legally responsible for my brother's actions after following legal advisement to bond him out.
Country relating to Question: United States
State (if USA): Oklahoma
Thank you for your question. I will do my best to assist you with your concerns. If you would like me to clarify my answer, I will be happy to do so.Please permit me to calm you down a bit. I understand that you are worried and nervous over his behavior, but ultimately you are NOT responsible for his actions. If you signed for the rooms, you would likely be liable to the hotel for any damage that he has done to the premises under your contractual obligations, but his violations are not something that can be pinned on you, or used to somehow charge you with some sort of a crime. As stated, the most you would be liable for is actual damage to the hotel but not any other costs or damages.
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I'm totally willing to accept the cost of any damages to the room, although at this point I haven't heard there were any. What I'm worried about is that he started walking out of his room naked and the hotel was receiving complaints from guests. He was in view of families with children. Obviously he has HUGE problems that need to be treated professionally. We had no clue of the extent.
Thank you for your follow-up.I am truly sorry to hear that and can only imagine how you and the rest of the family are reacting to this bit of news. In terms of liability for suit based on his behavior, it is not the case because legally your brother was still competent and was acting on his own. Those complaints, if any, would go against him, not you, because it was not you who was walking around in that manner.Good luck.Dimitry Esquire41092.1860273958
I am very relieved to hear this. It's the only good news I've had tonight.
Thank you for your help.
You are most welcome and good luck to you. I sincerely XXXXX XXXXX some peace and rest.If you found my information to be useful, all I ask is that you rate my answers at this time. Thank you!Dimitry Esquire41092.1886440162
JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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