Legal Question in Criminal Law in New York

Out on bail - doesn't plan on showing up for court

My mother put her house up to keep my brother out of jail. I tried to talk her out of it, because I know my brother will just take off. She 'had' to do it because 'he is her son'...anyway...I heard him on the phone making arrangements to leave. Is there anything we can do? If I can convince my mother to change her mind....can she even do anything about it now? Can she take it back and put him back in jail until his trial???


Asked on 6/25/03, 9:27 am

1 Answer from Attorneys

Re: Out on bail - doesn't plan on showing up for court

There is something you can do, but it will result in your brother being taken into custody. If you heard you brother making plans to leave (and presumably not return), you can call the prosecutor assigned to the case and let him/her know. The prosecutor can then go to the judge and make an ex-parte application to have the bail revoked and issue a warrant to take your brother into custody. The police or investigators from the prosecutor's office could then pick up your brother - hopefully before he leaves.

I did the above once when I was a prosecutor. You should realize that doing so might not make you too popular with your brother (and perhaps other family members).

Your mother may also be able to make an application to revoke the bond. You should check with the bonding company if she use one.

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Answered on 6/25/03, 9:33 am


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