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Zoey, JD
Zoey, JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  18 yrs of NYS criminal defense. Extensive arraignment, hearing, trial experience.
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My son was arrested in a domestic violence dispute with his

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My son was arrested in a domestic violence dispute with his ex-wife involving a live in boy friend. His ex-wife has custody of his 9 year old child who has CP and doesn't talk. His father bonded him out of jail and hired a lawyer. The ex-wife later dropped her charges and the attorney told us the case was over. There was apprently a court hearing on the bond which neither my husband or son received notification. Attorney would not return calls. Now there is a hearing scheduled for "forefeiture of recognize". Should we hired a new attorney or just go to the hearing?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Zoey, JD replied 3 years ago.
Jacustomer,

I don't understand why there would be a forfeiture of recognizance hearing if your son's case was dismissed, so yes, I"d suggest you have a lawyer.

Your son should call the clerk of the court and find out the disposition of his DV case. If there's a warrant for his failure to appear, even if it's incorrect, you're going to want to have a lawyer with you when you show up, as your son could wind up incarcerated.

The lawyer whom you hired should be the one to appear with you if possible, because he was the one who informed you that the case had been dismissed, and his stating that, since he's an officer of the court, would be sufficient for the judge to believe it. Your stating that, or your son's stating that, would likely require corroboration.

Edited by FranL on 9/1/2010 at 10:31 PM EST
Zoey, JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15099
Experience: 18 yrs of NYS criminal defense. Extensive arraignment, hearing, trial experience.
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