Did the judge overstep with bail conditions?

[satyus01]

Jurisdiction

Wisconsin

Hi, my office represents a client charged with multiple bail jumping charges. His initial charge was Disrupting a Funeral...at the time of bail the judge ordered as a condition, the client could not travel outside of his county, except for court. The town the client resides in, is smack in the middle of two counties. Hence, when stopped 300ft in the connecting county he was charged with multiple bail jumping charges. So, since the actual charge had nothing to do with him traveling to other counties and committing criminal acts, is this bail condition unconstitutional or at least abuse of discretion by the judge?

 

[army judge]

Hi, my office represents a client charged with multiple bail jumping charges. His initial charge was Disrupting a Funeral...at the time of bail the judge ordered as a condition, the client could not travel outside of his county, except for court. The town the client resides in, is smack in the middle of two counties. Hence, when stopped 300ft in the connecting county he was charged with multiple bail jumping charges. So, since the actual charge had nothing to do with him traveling to other counties and committing criminal acts, is this bail condition unconstitutional or at least abuse of discretion by the judge?

I think I understand your question, counselor, but let me clarify my understanding.

Your client is restricted to his county, except for travel to court his appearances.
He lives in a town that sits in two counties.
Let's call the county where he lives, County 1.
As he goes about his daily business in his hometown, he by chance was stopped by the police, but in County2.

If my client faced such a dilemma, and had criminal charges pending, I would have two choices.

I'd seek leave for injunctive relief via the federal courts, or a higher appellate court.
That is expensive, time consuming, and often the slowest remedy.

Or, I'd petition the judge who issued the restriction for a hearing.
My effort would be to seek relief by clarifying the judge's restriction to allow him to travel freely in both counties.

I see this as more of an oversight on the part of the issuing judge.
At least that would be initial take, to tamp it down calmly.
After all, your guy still has a matter pending before the judge.

My client and I would also have a chat.
I'd want to know what he was doing that brought him into contact with law enforcement.
If he was misbehaving himself, that's the real issue.
If he wants his bail continued, his current charge eliminated, he's got to learn to behave himself civilly.