I agree that he should have never done that to her, but he said he did it in return because she was kicking and punshing him. My real question is that he was taken to jail and there they said they were going to put him in prison. The bail is $10,000 dollars, but we don't have that much money to bail him out, what could we do so they won't take him to prison? Please help
2007-10-02 12:51:14 · 11 answers · asked by MARYLOU P 2 in Politics & Government ➔ Law Enforcement & Police
All discretion for DV charges are taken from the police (in my state, and I suspect others) at the scene, and if there is PC for an arrest it has to be made. The primary aggressor is booked and jailed. Your uncle should be able to bond out (call a bail bonds company) or if not he'll see a judge who might change the bond amount and set bail conditions.
Its possible the police who responded may have BS'd you folks about your uncle going to prison. Or maybe he has a history of DV, or maybe he resisted arrest, or maybe ____(fill in the blanks).
If this is a first offense, and it was only a slap, I sincerely doubt your uncle will be going to prison.
Regarding what you can do to help him-don't get an attitude with any cops or detectives who are following up on the case, fine some character witnesses for your uncle, look at getting an attorney, enroll him in some anger management and relationship classes-regular folks don't usually get in physical fights with their loved ones.
2007-10-02 15:05:53 · answer #1 · answered by lpdhcdh 6 · 1⤊ 0⤋
He should get an attorney. If he can't afford one, he can get a public defender, who will answer all these questions and any others.
What will keep him out of prison is not getting convicted, or a nice judge with a mind towards diversion programs for first time offenders.
The purpose of bail is to make sure he shows up for trial. to me, 10K seems high for that offense, so there is something else there that doesn't meet the eye - multiple offenses, failure to appear before, or something like that. the attorney will have other chances to argue for reduced bail - not because he can't afford it - that is not the court's concern - but because it is not the correct amount to ensure that he actually shows up for trial.
What other ties to the area does he have? Stable job? Home ownership, place to stay away from your Aunt, etc.? Those are some of the factors that will lead to reduced bail.
2007-10-02 13:33:25 · answer #2 · answered by Barry C 7 · 2⤊ 0⤋
What the bail is and what you pay are 2 different things, my friend works in a bail bond company and its almost always 10% of the bail amount, of what you actually have to pay. that's why they are called 'bail bonds', in a way. They will work with you on your payments (on a reasonable basis.)
As far as the assault charges, which is probably what your uncle will get, they will take their answers and compare, and see who the real assaulter is. Yes it may be men most of the time but women can be just as guilty.
2007-10-04 15:18:45 · answer #3 · answered by dreamsasylum 5 · 0⤊ 0⤋
That would be domestic battery. Prison? Only if he's on parole. Most of the time it's a misdemeanor. The cops were just saying that. They, like so many of us, run our mouths uncontrollably. You might want to find out if alcohol was involved and if he was talkin' sh** while being questioned by the police. He probably talked himself into jail.
2007-10-02 12:58:59 · answer #4 · answered by The Eagle Keeper 7 · 2⤊ 0⤋
if someone is threatening prison terms. then this is not the first time your uncle has been in jail.. and in some states there is the three strike law and that sounds about right up your uncles alley.. he handles his wife that way and did not walk away then that is were he needs to be.. and your aunt should be sitting there besides him. because she should not be hitting, kicking him ... but the police usually respond this way because its not the first time he has done this to her..
2007-10-05 19:35:49 · answer #5 · answered by julie m 4 · 0⤊ 0⤋
They cannot take him to prison without a trial. Simply contact a bail bondsman and make bond for him. Following that, he will appear before a judge to make a plea. he should plead not guilty, or guilty as he see's fit. then he will be given time to hire a lawyer and he will have his day in court. Good Luck
2007-10-02 12:56:50 · answer #6 · answered by Anonymous · 6⤊ 1⤋
He can bond out for 1,000 with a bondsman. He can probably put up cash or property.
2007-10-02 12:59:11 · answer #7 · answered by scottclear 6 · 1⤊ 0⤋
You should stop enabling them by bailing him out of jail. they need to resolve this between the two of them, or break up.
.
2007-10-02 12:59:53 · answer #8 · answered by Kacky 7 · 1⤊ 2⤋
He might get charges against her as well, they might both be in the can for a while.
2007-10-02 12:55:11 · answer #9 · answered by Lavrenti Beria 6 · 1⤊ 1⤋
call a bail bondsman and see if he cant help you or steal your aunts jewelry
2007-10-02 12:57:12 · answer #10 · answered by oykarumba7 3 · 0⤊ 3⤋