Legal Question in Criminal Law in Louisiana
criminal case
my husbend is in jail, he missed his pre-trial while in jail b/c the court would not let me reschedule it. now his 50,000.00 bond is forfitted and the bond company said they have to resign a new bond and not just reinstate the old one which is another 5,000.00. what can i do to have his bond reinstated and get him out of jail. please help
3 Answers from Attorneys
Re: criminal case
I do not think you can. There is the possibility that a sympathetic Judge may order the original bond reinstated. However, the bond company has the right to get off the bond of anyone so even if the judge reinstated the bond, the company would rescind their bond immediately before your husband could get out of jail. It does seem a bit odd that the court would forfeit his bond when it knew he was in jail and no simply running. There seems to be something missing.
Re: criminal case
There is a new law that says they cannot simply reinstate a bond that is $50,000.00 or higher. A new bond must be done unless the bondsmen agrees to just reinstate (they almost never do).
Why was his bond forfeited if he was in jail?
Re: criminal case
I would suggest talking to Judge who issued the bond forfiture and explain that your husband did not make his court date b/c he was in jail. The court can make arragements to have him brought back to court and recall the attachment.
Related Questions & Answers
-
Time limit on attorney Is there a time limit on the courts appointing you an... Asked 8/09/07, 1:54 pm in United States Louisiana Criminal Law