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My son is in jail for multiple charges. GF posted bail for prior jail time & was paying but now cannot pay what will happen?

Huntingtown, MD |

He has 2 charges for theft under $1,000 & mal destruction of prop under $1,000 and 3 CDS charges and trespass charge. GF bailed him out last time and now she cannot pay, he is begging us to pay so he doesn't get more charges added and so she doesn't go to jail. Can she go to jail for not paying? Will this add to his charges. His court date is the end of Feb. We want him to stay in jail as he has a drug problem and is homeless. He has prior charges that he did not comply with the agreement set by the judge. Could this be added to his list of charges also. I don't have a lot of faith in the system that he will stay in jail. I just want him to get help and pay for what he has done.

Attorney Answers 5

Posted

You really have not asked a specific question here. But if you are asking what you should do at this point, perhaps sitting back and letting your son deal with the consequences of his actions might be the right approach. Obviously, bailing him out did not work. Perhaps it is time for some tough love because he is currently not getting it.

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Posted

Failing to bond yourself out isn't a crime, this part of your question doesn't make any sense. But violating your probation is definitely a good way to remain in jail longer.

Nothing posted by Mr. Cleckner on Avvo or in response to an Avvo question or request is intended to be considered legal advice or an attorney-client relationship. For actual legal advice, please contact an attorney for a (usually free) in-depth consultation where your entire situation can be evaluated.

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Posted

Your son's girlfriend cannot be incarcerated for failing to make the payments. She can be sued and they can get a judgment against her.

Your son needs an attorney to defend the charges and protect his rights. He is facing very serious charges. If he cannot afford a private attorney, he should contact the Public Defender as soon as possible and no later than 10 business days before the court date or they will not represent him.

More charges will not be added against your son for the girlfriend's failure to pay. If you make bail and he doesn't appear for court, then you are liable.

This answer is being given for general informational purposes only and is not protected by the attorney-client privilege since this is a public forum. The information provided does not create an attorney-client relationship. No communications with me on this forum shall be construed as arising out of an attorney-client relationship. If a client needs specific legal advice or opinions, he or she should retain counsel for advice or to undertake representation.

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Posted

The girlfriend cannot go to jail for not paying. It sounds like she is helping him out and not part of anything he has been charged with. However, if she signed documents with the bondsman promising to pay the balance she will be responsible, but that is a civil matter.

If your son has a drug addiction and will not or cannot get into an inpatient rehabilitation program, it may be best if he stayed in jail to detox. You as his parent can answer that better than anyone here on avvo.

These materials have been prepared by the Law Offices of Heath D. Harte, LLC for informational purposes only and are not intended, and should not be construed as legal advice. This information is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Likewise, any submission or receipt of information using this online communication, does not create a lawyer-client relationship. Internet subscribers and online readers should not act upon any of the information provided without seeking professional counsel.

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Posted

If he cannot post bail, then he will have to remain in jail, until his charges have been resolved. This time should be credited against any prison time that the court might impose. No one can guarantee what the outcome of the charges will be.

An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.

Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.

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