Page 1 of 2 12 LastLast
Results 1 to 10 of 11
  1. #1

    Default Can I Get Bond Revoked - Son Deported and Cannot Appear

    I paid $2k for a $20k bond when he was arrested for a Class E Felony.

    He was picked up by ICE upon release from jail as his papers were not in order. He did not contest this - and was deported after 10 weeks in detention.

    During that 10 weeks - at least 4 dates were set for a hearing - but no-one transported him to the Court for the hearing (different states). He was willing - but not able.

    He is now back in the UK - the case is still open - and the Judge keeps insisting that he appear personally.

    A date is now fixed for Oct 1 when he either appears or the Bail gets called in.

    What do i have to do to get the Bail Revoked - as I cannot physically get him into the country whilst banned from entering. Please can someone advise me what steps to take before the Bond is called?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    15,885

    Default Re: Can I Get Bond Revoked - Son Deported and Cannot Appear

    What do i have to do to get the Bail Revoked - as I cannot physically get him into the country whilst banned from entering. Please can someone advise me what steps to take before the Bond is called?
    You need to discuss the matter with your attorney.

    One presumes your attorney has explained to the judge that your son cannot personally appear, as he has been deported and will not be permitted to re-enter the country?
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    Jan 2006
    Posts
    25,767

    Default Re: Can I Get Bond Revoked - Son Deported and Cannot Appear

    Quote Quoting victoriaheywood
    View Post

    What do i have to do to get the Bail Revoked - as I cannot physically get him into the country whilst banned from entering. Please can someone advise me what steps to take before the Bond is called?
    if he will not show up for court, well, that is why they call the bond. It doesn't matter that he was deported. The bond will still be called and you will owe the $20k.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  4. #4

    Default Re: Can I Get Bond Revoked - Son Deported and Cannot Appear

    Quote Quoting jk
    View Post
    if he will not show up for court, well, that is why they call the bond. It doesn't matter that he was deported. The bond will still be called and you will owe the $20k.
    I am not sure I accept that offering - but time will tell. the country that is demanding his appearance is the country that is prohibiting him from entering - that's not justice. Does that also mean if someone dies pending a hearing - someone would have to pay the bond? Surey not.

    Answer to first response btw is yes - Attorney has offered to plead on his behalf, have video conf, etc - because of his inability to re-enter.

    However, I just want to know what the process is - do I get myself a lawyer (rather than use the lawyer who is acting for my son) - to state the case and get the bail revoked. What is the criteria that would get a Bail revoked? And what kind of lawyer do I need - a Criminal Defence Lawyer or other?

    Thanks for all help !

  5. #5
    Join Date
    Jan 2006
    Posts
    25,767

    Default Re: Can I Get Bond Revoked - Son Deported and Cannot Appear

    =
    victoriaheywood;439822]I am not sure I accept that offering - but time will tell. the country that is demanding his appearance is the country that is prohibiting him from entering - that's not justice.
    is this a federal charge he is facing?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  6. #6

    Default Re: Can I Get Bond Revoked - Son Deported and Cannot Appear

    I am not too versed on what is Federal (iam UK citizen who lives here) - but I believe that to be serious stuff such as kidnaps, weapons, tax etc? He was charged with I believe to be a Class E Felony - the other person involved and charged with the same offence got a 2yr probation sentence and I believe a $1k fine.

  7. #7
    Join Date
    Jan 2006
    Posts
    25,767

    Default Re: Can I Get Bond Revoked - Son Deported and Cannot Appear

    a federal charge would be where the federal government presses charges for breaking a federal law. Then you have state laws, and then county, township, city, and town ordinances.

    Any one of them can have felonies and misdemeanors.

    Is this taking place in a federal courthouse? It will say right on the front of the building or sign.

    If not,

    the country that is demanding his appearance is the country that is prohibiting him from entering
    does not apply. The federal courts are independent from the state and other courts. The federal government is enforcing federal laws (deportation). It is most likely the state that wants him in court.

    so, what did his attorney say about attending to the charge if he was going to be deported?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  8. #8

    Default Re: Can I Get Bond Revoked - Son Deported and Cannot Appear

    The attorney has put forward several motions - to get the case dismissed because he (son) didnt have the right to a fair hearing (in that he never was transported by ICE to the hearings) - denied. A motion to plea on his behalf - dismissed - motion to have video conference - dismissed - now he is trying to get the bond to be available indefinitely until he can return to the US (10 yrs) - dismissed and now going to appeal.

    This is why I think I need to make arrangement to be represented myself to see if I can get released from the Bond - as one thing is for sure - he will be unable to attend the hearing on the 1st Oct (I have contacted Immigration) and my original question was "what is that process" - would welcome input from anyone who may have experience of this.

    Thanks

  9. #9
    Join Date
    Jan 2006
    Posts
    25,767

    Default Re: Can I Get Bond Revoked - Son Deported and Cannot Appear

    if the bond is through a bail bondsman and not the court, the court has nothing to do with the bond agent and your contract. It is not controlled by the courts and the courts cannot get you released from your contract.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  10. #10

    Default Re: Can I Get Bond Revoked - Son Deported and Cannot Appear

    the lawyer I hired to deal with the case has admitted that in 17 yrs practice he has never been stumped like this - but he is going to file a motion that both I and the Bondsman be released given that the Defendant (my son) is being physically barred from entering and that the State Court has no jurisdiction over the Immigration Courts to order him to appear. Thanks for taking the time to input - but thought you might like this piece of info seeing as it contradicts your last response.

    1. Sponsored Links
       

Page 1 of 2 12 LastLast

Similar Threads

  1. Bail, Bond and Pretrial Release: Do I Have to Pay Revoked Bond
    By lizbeth in forum Criminal Procedure
    Replies: 3
    Last Post: 02-09-2010, 05:53 PM
  2. Bail, Bond and Pretrial Release: Bond Revoked - Do I Still Have to Pay
    By lilwildflower in forum Criminal Procedure
    Replies: 2
    Last Post: 09-20-2009, 06:09 AM
  3. Bail, Bond and Pretrial Release: Why Was Bond Revoked
    By CYNDI2413 in forum Criminal Procedure
    Replies: 1
    Last Post: 12-19-2008, 04:51 AM
  4. Bail, Bond and Pretrial Release: Bond Revoked After Probation Fines Were Paid and Original Bond Posted
    By Ezra75437 in forum Criminal Procedure
    Replies: 3
    Last Post: 11-12-2007, 08:55 AM
  5. Bail, Bond and Pretrial Release: Bond Revoked
    By tospain in forum Criminal Procedure
    Replies: 1
    Last Post: 10-13-2006, 03:54 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document