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A friend of mine is in jail for owing $7,000. in child support, On monday they set his bail t $1,000. then 2 days later dragged him back in and told him they UPPED the bail to $8,500!! (for nothing else but this).... And to make it even worse, they decided this without his lawyer (public defender) being present (he was on vacation)...
This is in NY State. Any knowledgeable answer appreciated.

2006-11-02 11:02:38 · 2 answers · asked by Angel G 1 in Politics & Government Law & Ethics

EWWW!! NO MORE JERKS SAYING idiotic remarks such as "uhh, he shoulda paid, etc...etc....).. Remarks like that are ignorant, not helpful and only make you look like an a$$!!!

2006-11-02 11:18:09 · update #1

2 answers

Well the judge can set the bond as high as he wants instead of not paying his child support he should of made an effort 2 pay it then the judge wouldn't of been so hard on him.

2006-11-02 11:11:30 · answer #1 · answered by sugarbdp1 6 · 0 0

I don't think the judge is authorized to set bail higher than the amount of child support owed - The highest court in MD threw out criminal contempt cases where the amount of bail equaled the amount of back child support. A judge can set bail only if there is evidence that the father has the present ability to satisfy either the full amount or some purge amount. If a father can establish that he cannot afford to pay the purge amount - the judge has to release the father.

Child support matters are civil contempt issues - but things become murky when they cross into criminal contempt. Most states define purge provisions and if the father cannot meet the purge provision - he can be sentenced to a period of incarceration which is suspended. The father is placed on probation before judgement and referred to resources to help him find a job. The rest remains murky - but there are people in MD who owe $80,000 in back child support and walk the streets.

2006-11-02 19:31:58 · answer #2 · answered by Anonymous · 0 0

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