Arraignment, Bail, Bonds, Pretrial Can they really take the Bond?

[sterling434]

If "Ted" was out on bond on a felony case. Ted's "paid" lawyer filed a withdrawal hearing while Ted was out of town. The court never sent Ted any notice of the withdrawal hearing that was in a week's date from when the lawyer filed it. Ted didn't go to the withdrawal hearing because he was out of town and didn't know about it. Ted looked on the courts online database today and saw that the bond shows as revoked. The court set a Bond Forfeiture hearing in several weeks. Ted's original court date is this week and he doesn't want to miss it, but also doesn't want to be arrested for the failure to appear on the "withdrawal" hearing.

Can the court take Ted's CASH bond on the hearing that Ted knew nothing about because the lawyer scheduled it. And that was before the "original" court date. What is the Bond Forfeiture hearing? Is the bond gone bye bye? Or is it gone if Ted doesn't show up for the "original" hearing or Forfeiture hearing?

Ted is scratching his head like a monkey.......

 

[army judge]

If Ted doesn't want to end up in a jail cell scratching his head like a monkey in a monkeysuit, Ted needs to hire another attorney immediately.

If Ted's bond has been revoked, Ted is subject to arrest.

Ted can have his bond restored and not forfeited, if he can provide the court with a reason he missed the hearing.

Ted's reason must be proven, not just asserted.

Ted had better get cracking,
before the cop's come a knocking,
because Ted's ears will soon hear the handcuffs clicking,
the cell doors clanking,
and his head a scratching,
as his money they'll be taking,
makes his heart be breaking,
'cause in that lonely cell he'll be waking!

 

[fredrikklaw]

No More Free Bananans!

I am in complete agreement with Army Judge!

First of all, tell Ted that he is a silly boy for leaving town while out on bail. Has he not watched any cop movies at all to know that the suspect is always told not to leave town? But no real harm is done at this stage; just about.

He can take his cue from the title of the proceeding (Bond Forfeiture Hearing) that he will not be arrested when he appears on that date, because the very purpose of the hearing is for him to explain his failure to appear at the "withdrawal" and basically show cause why bail should not be forfeited and why the judge should not sling his person back into the custody of the Sheriff. However, if he does not show for this event or any other calendared events in between, then a Bench Warrant will be issued for his arrest and the bail funds will go "bye bye" for sure.

So tell him to go to court next week for whatever the calendared event happens to be as it will be looked upon very favorably by the judges. Also, since the bail was self-paid and no bonds men were used, the judge may even combine to hear the "Forfeiture" matter at the same time. So he may want to spiff up, suit up in Armani and tie, get all his paper work together including any evidence of his trip out of town and have a coherent, plausible, but short pitch at the ready for when he goes up to the podium.

The judge will also want to know if he has retained new counsel, and if not, why not and how fast till he does. So he should ponder that point as well. If he cannot or does not wish to retain any more private counsel, then he should inform the judge of his desire to be represented by the office of the Public Defender, post haste.

Given the facts here, I highly think that he will be granted a reprieve as well as the obligatory doom and gloom admonishment from the bench, which, he should listen to intently wearing a look of absolute contrition with the submissive nodding of the head at every two sentence interval and soft utterances of "yes, your Honor," "I understand, your Honor," and "Thank You your Honor."

Ted will do well to remember the seriousness of the situation he is facing and that there is no room or further allowance for any monkey business; or he will swing for it.

Good Luck!

fredrikklaw

 

[sterling434]

Mr. Ted has spent the past 5 hours behind the computer looking at other court cases in reference to the above troubled mind warp. After reading the actual state code, and relative court cases in regards to bond forfeiture. It appears that Ted is not so much freaked out at loosing the $87k CASH bond. It appears that the term "Revoke" is commonly used, up until the point that one does not show up for a "Forfeiture Hearing"...... Or the "actual" or "original" hearing.... Neither of which, Ted will miss.....

Tanx, Army Judge and fredrikklaw for your millions of hours of dreadful reading of "The Code" in all legal jurisdictions, during your years of law school. Individuals like yourselves, that give very generous and much needed "advice", are the kind of lawyers that every client would hope for. If you were in "Ted's" jurisdiction, he would be lighting up your phone.

This, Newbie to the site, is very appreciative for the data input given by the members.

 

[styles]

question

Im curious as to why the lawyer would try to revoke your bond?
And wht does the lawyer even have to do with it?

My understanding of "bond"may be diff from yours Im in NY.

Im also on a verry high high bond,Much higher than yours and Im curious as to what this about...


Here you get a bond from a bailbondsman ,put up collateral ,pay your % and your lawyer is out of the loop.