Bail set at $5000, can't afford to get my son out. He has a pending juvenile charge in another county. If he pleads not guilty he is afraid they will hold him until trial? Should we try to bail him out prior to his next court to avoid added jail time? He has served 3 weeks.
There is no set jail time he will do. It could be 0 days. It could be anywhere up to 364 days. It's completely up to the judge and will be based on the facts of his case, his criminal history and what the prosecutor is recommending. Bailing him out is no guarantee he will avoid more jail time. In addition, if he is pending trial in another county, it's likely he has violated his release conditions on that case and may be taken into custody in that county until that case is resolved. Posting bail is really more of a personal decision for you than a practical one in this case.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
I assume he is a juvenile if he has such charges pending. Juvenile courts handle matters differently that adult courts.
Under any circumstance, however, the time he serves in jail awaiting trial, assuming he is later found guilty, is counted toward his ultimate sentence. So, if he is found guilty and sentenced to 30 days in jail and he has waited 28 days before the trial he will have to serve no more than 2 more days before he is released.
If you bail him out and he is sentenced to 30 days he would have a maximum of 9 more days to serve.
The amount of jail time ordered, if he is found guilty, depends on a lot of factors but include his criminal history, the type of domestic violence he committed and the injury to the victim.
As I see it, you have a young man who has at least two criminal charges pending at the same time. I am not going to automatically assume that he is guilty of either charge but there certainly is a lot of smoke here. Will bailing him out help put out the fire or will it just keep it burning? I do not know.
You kind of answered one of your own questions. How can you bail him out if you can't afford it? You take the risk that you will loose $5000.00 if he does not appear in court as required. You take that risk will it just give your son the opportunity to get into even more trouble?
Therese are extraordinarily tough choices. You are in a spot that no parent would ever want to be in. Perhaps you should consider talking to a psychologist/therapist to help you make this extraordinarily tough decision about what you think that you should (or want to) do and then, after that, you should talk to an attorney, who can do a little investigation into the surrounding circumstances here and then tell you what you can do.
Does your son have a public defender on either of these charges? Now that he is 18, he may qualify to have an attorney assist him based on his own income. I would suggest trying to help him connect with the PD who can give him specific advice based on the particulars of his situation.
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