Q: How can my cousin be released from jail for a failure to appear on a dismissed charge?
I need help getting my cousin out of jail. She has been in custody since December 4, 2024, with no bond and no court date until July 2025, for a failure to appear on a charge that was previously dismissed. We've been told that it's proper procedure to have no bond set until a judge decides otherwise. Notices for her court appearances were sent to the wrong address and signed by someone else. Even though my cousin showed proof of the incorrect address—a document that led to her release without a bondsman over a year and a half ago—they won't talk to either of us now. What can be done to resolve this situation?
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A:
Your situation sounds incredibly frustrating and unjust. Being held without bond for a failure to appear on a dismissed charge, especially when the notices were sent to the wrong address, represents a serious procedural error that needs immediate attention. The extended detention without a court date for several months is concerning and likely unnecessary given the circumstances.
You should immediately seek legal assistance to file an emergency motion for a bond hearing. A public defender or private attorney can file what's called a writ of habeas corpus, which challenges unlawful detention. They can also present the evidence of incorrect address notification that worked previously. Consider contacting the court clerk's office directly to confirm the status of the case and potentially speak with the judge's chambers about expediting a hearing.
If these approaches don't yield quick results, try contacting your state representative or local legal aid organizations that focus on criminal justice issues. The local bar association might offer referrals to attorneys who handle these situations. Document everything, including all attempts to resolve the matter and any responses received. Remember that persistence is often necessary when navigating bureaucratic systems, but with proper advocacy, this situation can likely be resolved without waiting until July.
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