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Very brief explination. I own a bonding company. I posted a pre-trail only bond for a defendnat. He pled guilty and was sentenced to 9 years in prison. The judge let him go home for 30 days before reporting to the prison. Missouri law says that when he is sentenced he is to imm. be taken into custody. I appealed and the appeals court denied my appeal saying it was legal, even though Missouri law says different. I need to get this decsion reversed in federal court, perhaps through a writ of certori, but what other than judicial desretion or judical activism do I argue. My problem is my attorny is my best friend and he is in uncharted territory. My wife and I have five kids and we really cant afford to pay this $100,000 judgment just becasue a judge and his buddies think it is ok to do what they did, even though it is in clear conflict with state law and the bond was marked clearly as Pre-trial a stay of execution would be a psot-trial matter. Please Help!

2006-12-02 02:47:28 · 2 answers · asked by badabingbail@sbcglobal.net 1 in Politics & Government Law & Ethics

2 answers

I would go to a lawyer that was in the business of doing that kind of thing that knew the waters and how to navigate them. If you want your computer fixed, do you take it to a plumber? Take the matter to someone that knows the way to go and how to navigate it.

2006-12-02 03:02:56 · answer #1 · answered by ramall1to 5 · 0 0

But the bond will be surrendered when he goes to prison in 30 days? In which case, you won't do any better than just waiting. If he absconds, then you lose your money - just as you would if he'd absconded prior to the trial. You must be prepared for such losses, or else how would you stay in business?

2006-12-02 12:04:12 · answer #2 · answered by Anonymous · 0 0

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