I need advice on getting someone out of jail,,he is in there for failing to appear, for a drug charge...and yes i know, you probably think he should stay in,,but I dont...so he has a hearing thusday, and he is going to get a court appointed lawyer...but what can we do to help him get out...its killing his 80 year old mother...which is my mother...and i have to do everything i can to get him out..so please, be serious...thank you very much for your thoughts...
2007-12-18 13:38:57 · 10 answers · asked by pattonedn 2 in Politics & Government ➔ Law Enforcement & Police
well i would try getting an attorney that isnt court appointed first of all. sometimes those court appointed attorneys are just tax lawyers or something. i think you would do much better with a lawyer that knows what theyre doing and is actually working for you
2007-12-18 13:46:04 · answer #1 · answered by Reginald J 2 · 0⤊ 1⤋
First of all, Reginald, you are an IDIOT and will likely be in jail some day soon because you are an IDIOT.
Secondly, court appointed attorneys are real attorneys who went to law school, graduated and passed the bar exam. They are not tax lawyers. They are criminal defense lawyers who work for either the Public Defender's Office or the Conflict Criminal Defense Panel. In federal court, they are called the Federal Defenders.
Finally:
If you want to get someone out of custody, your first step is to get bail set. An attorney would try to do this at arraignment by noticing a bail motion/own recognizance motion. A bail motion is a motion to have bail set at an appropriate level or to get bail reduced if it is already set. Sometimes local rules require that the defense attorney give the prosecution two days notice (and vice versa) if they are going to be requesting a review of bail. An attorney will likely be appointed because of the severity of the charges. Make sure family members attend his first several court dates to show the judge that he has family in the area and will make it to court (no reason to run).
Certain drug charges are felonies. If they are felonies, the bail will be higher than misdemeanor bail. It depends on the charge and extenuating circumstances.
Additionally, many states place holds on people they suspect could be using drug money to bond out of custody (pay bail). When these holds are placed, that person cannot be released from custody. The court will not accept money that can be linked to drugs. If your relative/person has facts of the case that indicate he was selling drugs, this hold could be placed on him and prevent him from being released.
If bail is set, you need to go to a bondsperson and post bond. This means you enter into a contract with a licensed bond agent. You pay them 10% and they loan the rest of the money. If the person does not make their court appearances the court will forfeit the bail money (keep it) and you will be out a ton of cash. So, if his bail was set at $20,000, you would need $2,000 to get him out of custody.
Some of the facts the judge takes into consideration when setting bail are the individual's history of making it to court appearances, their record, whether they are a danger to the community, whether they have a job, whether they have family in the area and the nature of the charges.
Good luck.
2007-12-19 01:48:40 · answer #2 · answered by smithp 2 · 0⤊ 0⤋
Its probably going to be difficult to get him out since he's in jail now for Failing to Appear. The decision lies with the judge, so if the judge sets a bond then he can get out. You're just going to have to find a bail bondsman to front the money.
I know you want him to come home, but if you think about it...he already skipped out on court before so the judge is probably going to be reluctant to set a low bond for him since he's a flight risk.
2007-12-18 21:58:57 · answer #3 · answered by tangyterp83 6 · 2⤊ 0⤋
First.. You don't say whether he has a bond or not. If he does, you can post bond for him. If it is 0, then he has to wait to appear before the judge that signed the warrant for his arrest.
Nothing you can do if it is a 0 bond.
2007-12-18 21:49:08 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Pay ALOT of money for a very good lawyer!
2007-12-18 21:43:18 · answer #5 · answered by Anonymous · 0⤊ 0⤋
the law is there to protect people. he knew he had to appear, but chose not to.....stop mothering the idiot and let him face the conciquences of hes actions. weve all got mothers. that doesnt excuse our actions in the eyes of the law. and nor should it. (tell the idiot to grow up.)
2007-12-20 10:06:07 · answer #6 · answered by Anonymous · 0⤊ 0⤋
SORRY BUT UNLESS A BOND IS SET HE CANNOT GET OUT.
SINCE HE HAD AN FTA AND A DRUG RELATED CHARGE THEY ARE AFRAID ONCE OUT HE WILL BE GONE.
SO UNTIL A BAIL IS SET HE WILL STAY TO MAKE SURE HE WILL APPEAR.
2007-12-18 22:25:30 · answer #7 · answered by ahsoasho2u2 7 · 1⤊ 1⤋
Wouldn't he, be better off, if you leave it to his lawyer to sort out or do you think that you have a better chance ,than he has , to clear your mate?
2007-12-19 02:48:23 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Steal a helicopter :-)
2007-12-20 09:10:05 · answer #9 · answered by Anonymous · 1⤊ 0⤋
there is no way,
2007-12-18 21:41:22 · answer #10 · answered by Anonymous · 0⤊ 1⤋