Q: How to get a bond set?
My fiance is currently locked up because of a bench warrant was issued for his arrest. We never received a summons to court so we didn't know of the trial date. We received the warrant in the mail, which confused the sheriffs department considering they didn't have the warrant yet. There is no bond set which is ridiculous because we were told in the first hearing that the person who committed the crime admitted that my fiance had nothing to do with it and he was cleared. We already figured out that the DA is messing him up. What we don't understand is why a bond wasn't set for someone that is innocent and trying to get get home to his family.
A:
The choice is simple: hire an attorney, do nothing or your fiance (not you because you are not a lawyer) files papers with the court seeking to change the no bond. Alternatively, he can contact the prosecutor's officer but from what you wrote, that does not appear to be a viable approach.
If he is going to end going to jail, he probably will be there for several days at a minimum.
Weigh the difference between hiring a lawyer now to try to resolve the matter before he is taken into custody or ging to jail, missing days of work and possibly losing a job.
1 user found this answer helpful
A: A bench warrant means either 1) he missed court, or 2) the DA brought an indictment that resulted in a new charge from what he was arrested for originally. He needs an attorney ASAP.
A: A bond can be set by the magistrate judge, for most offenses after a first appearance hearing, or preset by a schedule of bonds in your jurisdiction, or by a superior court judge after a petition for bond is filed with the court. I encourage you to hire an attorney to assist you with this matter.
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