Legal Question in Criminal Law in Tennessee

Unheard of and Outrageous Bond

My son has been divorced for 1 year and during this time-his ex has had him arrested numerous times for order of protection,and violation of this. She has witheld his visitation from his daughter, but because of the OP-he isn't allowed to contact her(even concerning visitation). He recently has been indicted on violation of probation-BUT-in this proceeding,The judge added a charge of ''Aggrevated Stalking''. He has been to a plea bargaining court twice-and refused their offer of two years in TDOC. He is waiving it over to Grand Jury. On top of all this-he is currently incarcerrated and has been-UNDER A MILLION DOLLAR BOND! How can they keep him in jail when he hasn't been convicted? That is the same as already finding him guilty! He has a court appointed lawyer-and he seems fair and somewhat reasonable-BUT in our county-the justice system seems to make up the laws and rules daily! His ex-wife is ''buddies'' with all the city cops, and was allowed last court date to go back to the judges chambers and ''chat'' for approximately 45minutes or so! This was before court even got started-So, he was already persuaded by her before my son even had a chance! Is there any information you feel you can give me that will help? What can we do?


Asked on 3/06/06, 10:16 am

2 Answers from Attorneys
Kerry Haymaker Haymaker & Heroux, P.C.

Re: Unheard of and Outrageous Bond

The short answer is that he needs to file a motion to reduce bond. It seems excessive. Short of that, encourage the lawyer to be more agressive. If you need to speak with me, contact me via e-mail.

Kerry Haymaker

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Answered on 3/06/06, 12:22 pm
David Heroux Haymaker & Heroux P.C.

Re: Unheard of and Outrageous Bond

The lawyer representing your son can file a motion to reduce bond. In addition, if your son is in custody, he should not waive his preliminary hearing. Having the preliminary hearing can be used to set up a bond hearing and provide the opportunities to cross-examine witnesses.

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Answered on 3/06/06, 12:44 pm


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