Legal Question in Criminal Law in Michigan
Bail Agreements
If a bail bond says that you cannot be anywhere near a residence, but the owner of the residence invites you over, are you in violation of your bail agreement?
2 Answers from Attorneys
Re: Bail Agreements
The simplest of answers is yes. But I am not sure whether you are talking about an agreement between you and the bail Bondsmen or the Judge's bond conditions? There is a distinction between the two, one that is breach of contract and the other violation of Court order. If it is condition of the Court, the owner of the residence and/or complainant may have to go to Court with you to get authorization from your Judge to lift the no contact provision.
Daniel Hajji 248.865.4700.
Re: Bail Agreements
Yes, you are violating your condition of release, and the judge could cancel your bond and you could sit in jail until the case is resolved. The bond condition is an order for YOU to refrain from doing something. The order does not limit what the victim can do. The victim or property owner has no authority to veto the judge's order. So even if the victim "invites you over", that does not give you license to violate the court order.
Stop trying to justify violating the court order, or looking for a loophole. Just OBEY IT.
If the victim or property owner's behavior is evidence that that victim or property owner no longer needs the protection of a "stay away!" court order, then file a motion to modify the terms of bond. The judge will then decide if the bond conditions should be changed. Until that happens, OBEY THE COURT ORDER.
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