Paid bond for son and now he is not following his bond rules. Can we go to judge and revoke the bond
Can you do it in theory? Sure, I suppose. But what will likely happen is that the judge will forfeit the bail but freeze it for payment of court costs and any restitution ordered. So, not only will your son be locked up, but you also won't get your money back. Plus, by notifying the court about this, you'd by definition telling the prosecutor, who could pursue additional charges against your son for bail jumping.
If you want to scare your son into compliance, I'd recommend alerting his attorney, who will likely immediately warn your son not to mess around anymore. I know that's what I'd do if I were made aware of a client's bond violations.
You can write to the judge and ask for your bond to be returned. You do not need to say why just that you now need the money and don't want it tied up. Sometimes a judge will return it to you; however, your son will then need to go back into custody unless he has another means of posting it. I would first discuss it with his attorney on the implications of your request.
In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.
Statutorily, if you signed and posted as a surety, you would be required to get your son returned to the custody of the jail, along with copies of any original warrant for his arrest along with a copy of the bond that you are surrendering him on. As already noted, if you just report his bond violations to authorities, you could get the bond revoked and forfeited rather than returned, and your son could face additional charges of bail jumping. As already suggested, you could try talking to his lawyer. Otherwise, you could show up at his next scheduled court date, and simply tell the judge you want to surrender him under 969.14, without necessarily going into detail as to why. Good luck.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
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