Property Invasion, Damages, Trespass Home Invasion 1st Degree

[concerned_mothe]

My son has been arrested in MI for home invasion 1st degree his bond has been set @ $150,000. If you cannot be fined for this crime for more than $5000, how can a bond be set so high? What are my chances of helping him get out of jail time? Would talking to his probation officer help? Reassuring his PO that putting him on a tether with house arrest, be of any help for him? He really is a good kid. Just happened to be in the wrong place at the right time. I wished I could give you more of his story, and his prior arrests, but you would just tell me to seek a Lawyer. One more question if I may....If he has a court appointed Lawyer ( because he can't afford any typical criminal Lawyer ) will I have the right to speak to him without being charged any legal fees? Please any advise would be very helpful..And thank you for answering my questions.

 

[Scooterdog]

How old is your son?

YOu should be able to talk to him, you certainly haven't been appointed this lawyer.

The PO should have gotten ahold of you. I don't understand that. Did the PO even bother to do an investigation?

As far as bail, ask that court appointed lawyer what the heck is going on. Ask why it is so high. (I'm guessing they are trying to force him into a guilty plea by running the bond/bail up so high.) They are barred from setting excesive bail. Ask the hot shot court appointed lawyer about that.

That court appointed lawyer should be able to work something out. This seems a little extreme to me. Don't give that court appointed shyster an inch. Good luck.

 

[concerned_mothe]

Thank you for responding so quickly. My son is 26 years old. I too thought the bond was set to high. If they are barred from setting bail so high, can they not get in trouble for that? Who does set bail bonds when you are charged for a crime? Lawyers or Judges? Also he goes for a prelimanary hearing next Friday. What does this involve?

 

[Scooterdog]

Thank you for responding so quickly. My son is 26 years old. I too thought the bond was set to high. If they are barred from setting bail so high, can they not get in trouble for that? Who does set bail bonds when you are charged for a crime? Lawyers or Judges? Also he goes for a prelimanary hearing next Friday. What does this involve?

If they are barred from setting bail so high, can they not get in trouble for that?

Perhaps, but I wouldn't hold my breath. You have to file for a reduction or appeal to a higher court and argue that it is unconstitutional. If you look up your states constitution, look at the rights section, and it should have something about bail.

Who does set bail bonds when you are charged for a crime? Lawyers or Judges?

The good judge does that. If it were a felony, a lower court would set it, and you can ask the higher court for reduction. (Usually, a lower court has juridiction to determin probable cause, set bail, then it goes up to the court with juridiction to hear the case. Confused?)

Check this out:

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND


RONALD L'HEUREUX *

Petitioner

*

Vs. C.A. No. 00-474ML

*

AHSBEL T. WALL, Director *

SHELDON WHITEHOUSE, Attorney

General State of Rhode Island Respondent *


PETITIONER'S RESPONSE TO

STATE'S MOTIONTO DENY BAIL

The Attorney General in asking this court to continue this blatantly illegal incarceration, is relying on the fact not one specific allegation was addressed by judge Thunberg, despite a specific request to comply with due process and issue a finding of facts and conclusion of law to each issue raised. The A.G. states correctly, "petitioner's motion for bail is premised upon his allegations of prosecutorial misconduct." (State's memo.)

Mr. Weisman goes on to support Petitioner's allegations by claiming: "Those allegations [of misconduct] have been rejected by Rhode Island Superior Court Justice Thunberg,"… when Randal White from the A.G.'s office admitted that the specifically requested photos were not turned over at any time. The petitioner must note, inter alia, Superior Court Justice William Dimitri, (petitioner's trial counsel) testified a specifically requested audio tape was suppressed until after the State closed its case and erased the tape before turning the tape over making counsel very angry. That earsing also caused him to remember the incident.

These two irrefutable facts alone are proof positive of this continued illegal incarceration, and the grossly erroneous unsupported finding of the State court. Thunberg's wanting decision is a wanton violation of the Constitutional mandates set forth in the United States Constitution Article VI. Furthermore, the prosecution refuses to correct what it knows is false and admit to this court, what Mr. White had to admit during the remand hearing, to wit; " Sergeant Withers said that he did not bring photos of vandalism to defendant's home to the trial." (State's memo. in Superior court at p. 5.)

Petitioner would refer this Honorable court to the enclosed memorandum in support of this original habeas petition and note the argument especially made on pages 1-2, for bail to the State court.

The State court in denying bail, as unbelievable as it may seem claimed that there is no law that would allow her to grant bail after that argument contained it the aforementioned memorandum was made orally.

Based upon that argument, and the fact that this petitioner cannot get the transcripts as of yet, has not had his direct appeal in over (10) ten years, and already has parole on a (20) twenty year sentence, justice demands that bail be granted so as to protect and enforce manifold violations of the Petitioner's Constitutional rights.

Wherefore for the above stated reasons, and those set forth in the original memorandum, which is still UN-refuted, your Petitioner prays that this Honorable court will grant bail while a full and fair disposition is make on this instant matter on each and every issue raised.


Respectfully submitted,


___________________________

Ronald L'Heureux

P.O. Box 8212

Cranston, RI 02920

CERTIFICATION

I, the undersigned do hereby certify that I have caused a true copy of the within motion to the Attorney General's office, 150 South Main Street Providence RI, 02903, on this _______ day of November, 00.

Also he goes for a prelimanary hearing next Friday. What does this involve

This sets the stage for the trial. Judge will probably be asking for a plea, guily, not guily, no contest. Will probably determine if your son asked for a jury trial.

You may be able to get a reduction at the hearing, or the judge may hear the matter at that time(seperate).

I would think the state has to prove your son is a danger to society to set bond that high. I would make that lawyer question that, and put in for a reasonable reduction.