Q: Sentencing and Legal Options
OK, is a bit lengthy so bare with me. My mom just called and got this guy who; a year ago cut my mother's throat during a dispute. She filed a police report but ended up letting him live back with her. That being said, she never dropped the charges. So a warrant for his arrest remained in place.
Now I'm unsure on the exact dates, but within the past 5 years this same guy has also had charges placed against him for the molestation on his niece. He did get picked up on these charges but managed to post bail, but the case is still open.
So again, today she called and had him arrested on the premise of him saying he was going to start tearing up the house.
My question is, A) Can he post bail? B) What's the soonest he could be released? C) Aside from her going to the police station to file a formal claim, what's the best move to make?
A: Assuming that he was already released on a felony bond, if he gets picked up for another felony, he should not be released until one of the felonies is resolved. Her best bet would be to go ahead and file a formal complaint against him with local law enforcement, and see about getting a protective order so he cannot go near her.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
