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my exboyfriend was threatening me & calling me every 2 min (no exaggeration) leaving numerous voicemails on the phone such as "if u leave me im gonna break your jaw", "have you ever seen the inside of a cranium", "you better come over here or im gonna be in jail & youre gonna be in craven regional (hospital)". so i reported it to the police & let them hear the messages. they pulled his record, he has 35 diff aliases & 5 pages full of nothing but felony assults. & all the cops & the magistrate know him by name from dealing w/ him. im really afraid of him because he told me before he would kill me if i left him. but they only set his bond at 500$ meaning he only needs 75$ (15%) for a bail bondsman to get him out. im afraid he may be bailed out & on my court date he may not show up & then do something to me when i come out of the court house. & i have to go to court or otherwise i will be arrested because i was subpoenaed. what should i do? & why is his bond so low with that record?

2007-02-08 15:50:42 · 7 answers · asked by BCBGirl 2 in Politics & Government Law Enforcement & Police

so i was wondering though, if when i go to court, if perhaps he hasnt already bonded out, he is probably gonna get a continuance. do u think i could ask the judge toi increase his bond because of my fear based on his extensive record? and as far as getting a protective or restraining order goes, i dont think he really cares if he violates an order because with that record he hasnt learned his lesson yet, and he keeps doing it, why would a restraining order stop him from carrying out a death threat?

2007-02-08 16:05:23 · update #1

7 answers

cimrinal record rarely comes into play when it comes to bail on face value. should an officer have personal knowledge and the case warrant it, a judge can be called for a bail enhancement. in my 12 years as an officer, i've only done this 3 times.

bail is typically established by the state or county you live in. the have what is called a bail schedule. somebody puts a dollar value on the crime and that becomes what they have to pay regardless of their record. however at times, if you've got multiple violations for the same thing the schedule can increase the bail based on prior arrests/convictions.

get a restraining order (not bullet proof) but a valuable tool for law enforcement. move away, do not let your pride/ego get in the way of your safety. sometimes you've gotta suck it up and do what is necessary for survival when compared to what you think is right. do not allow yourself to be a victim.

2007-02-08 15:58:05 · answer #1 · answered by Breacher 2 · 1 0

In most jurisdictions, judges look at two things when determining bail: (1) Is the Defendant a flight risk?; and (2) Does the Defendant pose a significant risk to pubic safety?

Generally the prosecutor who charged the Defendant is responsible for recommending an appropriate bail amount. As a prosecutor, I always obtain a Defendant's criminal history record and relay that information to the judge during the bail hearing. I would not be surprised if the prosecutor in your case also did this. Many judges do not set bail very high unless the crime involved actual violence or a large amount of drugs.

In every case involving a crime victim, I recommend that the court order the defendant not to have any contact (direct or indirect) with the victim as a condition of being released from jail. I have never experienced a situation where a judge refused a "no contact order" recommendation at a bail hearing. I would be very surprised if one of the conditions of your ex-boyfriend's release didn't include a "no-contact" order, in addition to bail.

As a victim, you are an essential witness to the crime. Therefore, the prosecutor's office will be contacting you in the very near future. You might as well contact that office first and ask what his conditions of release were, whether they included a "no-contact" prohibition, when his next hearing is, what address he reported as his residence, and what you can do to assist in the prosecution. You should also ask for contact information for a victim advocate. Victim advocates typically are former domestic abuse victims. They are paid by the government to help current victims. Use them.

In the unlikely event that he is not court-ordered to have no- contact with you, and he contacts you, call the prosecutor's office. Tell them that you are a victim in a pending criminal prosecution, that the defendant has contacted you (it doesn't matter whether he is "nice" or not) and that you want a "no- contact" order immediately.

Hope this helps. And please don't change your story or go back to him. Be strong. Most of my domestic assault victims end up calling me to ask for the charges to be dismissed. Over half of them end up getting injured during a subsequent assault within the next 12 months.

2007-02-09 00:38:59 · answer #2 · answered by snowdrift 3 · 1 0

That bond sucks!!

Now, protect yourself. Contact the district court and request a restraining order. If you need help contact the local Domestic Violence Victim Advocate for your area. The prosecuting attorney should have the contact info. If not, contact the YWCA, they will have the numbers. If it is possible, stay with a friend or relative for a while. If he does bond out watch for him in areas where he knows you to frequent (work, gym, home etc.). Contact the prosecutor and try your best to convict this guy.

Good luck

2007-02-09 02:35:53 · answer #3 · answered by Combatcop 5 · 0 0

I don't know what state your in but, Federal Law mandates each Citizen shall be entitled to Due Process and "Equal Protection"of the Laws and is imposed upon the " States " by the Fourteenth Amendment to the Constitution of the United States. While I understand He's probably only charged with Terroristic Threats, or something along those lines, the States Attorney is responsible for pesenting His (your ex-boyfriends) criminal past in accordance with the " Sentencing Reform Act of 1984. This allows the Judge to impose a stiffer sentance based upon the defendants criminal history as it relates to the crime the defendant is convicted of. For reliable information on this, don't take my word for it, go to your local library and see if they have a law/legal section. Ask for the 34th Georgetown Law Journals Annual Review of Criminal Procedure (2005), and look on page Number 642 under " Background " or if you have a computer, you could research the laws dealing with this issue and learn what you can do at the following site:, caselaw@info.legalminds.org Knowledge is Power.

I hope this helps. GOD BLESS/GOOD LUCK!!

2007-02-09 01:46:36 · answer #4 · answered by Chuck-the-Duck 3 · 0 1

If I were you, I would disappear, move, relocate and don't tell anyone where you're going. That's your only escape. You could ask the police to take you to a domestic violence shelter and possibly they will help you relocate. But, you should never go back to this man, he will kill you. If you go to the shelter and tell them where it is that you want to relocate to, they will provide you with clothes and basic necessity's. Possibly, help you relocate to the shelter in the new city where you are going so you can find a job and get settled

2007-02-09 00:17:04 · answer #5 · answered by Cheryl 6 · 1 0

Volume discount.

2007-02-08 23:54:05 · answer #6 · answered by Anonymous · 1 0

see how messed up the system is... and people wonder why we have so much crime but they wont let us punish them like we want to

2007-02-08 23:57:27 · answer #7 · answered by Dont get Infected 7 · 1 0

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