Its the duress means there CANNOT be a contract.
ok so I am sitting in jail.
my attorney comes in with some paperwork for my divorce preceedings ... a contract.
I am under duress from being in jail, does that make my contract I just signed for something else entirely, void because of the duress ??
thats what you are saying.
where is the compulsion by threat, force or coercion ?
let me quote the facts for you again.
You might feel that you under duress, but you have the free choice of whether or not you enter into a bail contract. There is no "compulsion by threat, force, coercion, restraint nor constraint" applied to you for the purpose of entering into that contract. You are in custody because the state has accused you of doing soemthing illegal. You are not in custody for refusing to enter into a bail contract, even though you remain in custody if you do not.
The court could care less if you enter into a bail contract. Either way they get their pound of flesh. Most likely they prefer you not enter into a bail contract because thats more money for the state, more prisoners, more lobbying for more public funds to pay for more corrections infrastructure, services, supplies, and personel.
One point is that you are in custody.
The other point is that you have the FREE CHOICE to get out of custody or stay in custody until the preceedings ocurr. Ergo, no duress, coercion, or force concerning the contract.
The situation of being IN CUSTODY is what what would be causing the duress you speak of.
Now if they threatened, coerced, or held you in prison specifically because you refused to enter into a bail contract, and/or until you did enter into a bail contract for the sole purpose of entering into a bail contract, THEN that would be duress and an unlawful contract/action, because that would be forcing you to enter into contract. You have every right to sit in jail instead of entering into a bail contract.
please ... just call the courthouse information office ... or a bail bond agent.
I will give you one out .. I will admit that a contract might be unenforceable if someone was under enough mental anguish and could be found to be mentally incapable of entering into a contract, if proven by a competent medical professional. But that wouldnt relate to bail I am affraid... unless you admit being in jail was the better alternative. You would be argueing TO be put back into jail.