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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23950
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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if a person on ankle bracelet monitoring for two years awaiting

Resolved Question:

if a person on ankle bracelet monitoring for two years awaiting a trial date for criminal domestic violence was mailed a court date to appear at an address other than where he actually resides, and a third party received the letter, did not communicate this to the person in question and threw it away..maliciously, the person in question misses his court date, and is arrested for failure to appear. He spends a month in jail awaiting a bond hearing, and without allowing the out of town attorney to speak, the person in question to speak, or the original alleged victim to speak..the judge denies bond, after allowing bond for someone charged with murder and one charged with rape. Another twist in this case is the one involved with allegedly throwing the court date away is the father of the alleged domestic violence victim, and wants custody of the children shared betweeen the victim and the one charged. The father of this alleged victim also has a convicted child molester living with him and is not by law to have children around this person in his home. The alleged victim's father is also a retred police officer with possible connections. What could we possibly do to began to get fair treatment..or is this routine?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 years ago.
Hi Jacustomer,

This is a messy set of facts, but while the court action doesn't look run-of-the-mill, it doesn't look particularly irregular either.

If your son was put on house arrest while awaiting trial on a domestic related incident, I can infer that there is a great of bad blood between the complainant and the defendant. The rest of your post confirms that.

Adjourn dates are generally part of the record to defendants when they are present in the courtroom, so "I didn't get it in the mail" is not usually enough to relieve a defendant of culpability for his failure to appear. However, your son's lawyer can reraise the issue of bond when the facts of his case are more favorable.

As to all the rest that you point out, what makes for a bad bond situation right now, actually may help him on the case itself. It certainly looks like the complainant and family are willing to take inappropriate means outside the law to harm him. That may very well make his side of this story more believeable than the prosecution witnesses when the case goes to trial.

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Customer: replied 5 years ago.
The complainant is not pursuing charges. In fact, the complainant wanted to testify at his hearing for bond, but was stopped by the solicitor from saying anything. Bad blood is between the complainant's father and my son. the other charge (traffic ticket)occurred after he was put on an ankle bracelet.
Expert:  Zoey_ JD replied 5 years ago.
Hello,

I apologize for the delay. I had a computer issue and it wiped out my answer.

I'm assuming that as your son is still incarcerated that even though the complainant is not interested in going forward, the state is doing so despite her. That is their right if they think they can either change the complainant's mind or prove the case despite her.

That means that everything I have said to you earlier still applies. Your son's lawyer can still be heard as to bond again when the situation is more favorable to him than it is right now. Meanwhile, all he can do is object to preserve the record for appeal, particularly when there is evidence that the judge and/or the prosecutor seem to be deliberately ignoring what's just in order to do a favor for a highly connected law enforcement officer.

Still, in my experience and based on what little I know here, I think that the case itself is a relatively weak one for the state particularly if the complainant is not interested. He should be pressing his lawyer at this point for trial as it's old enough to finally come to a conclusion.

I wish him luck with the case.