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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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2nd violation of HRO

Resolved Question:

My ex was just arrested from an arrest warrant at 4 pm tonight (his 2nd HRO violation in 3 months). He had violated the HRO on 11/21/12, and a warrant was put out 11/30/12. He got out of jail at 9:30 tonight! Why and how? He showed up at my house 11/21/12 w/o the supervisor who does the supervised visit exchanges of our children. He was demanding the children. I immediately called the police and filed a report. Now he is out of jail and told the supervisor, whom he called after he got out of jail, that he told the police she (the supervisor) was at the house when he showed up and that I lied about her not being there. How can he lie his way out of jail and not go before a judge first? What recourse do I have for this 2nd violation, which should be a gross misdemeanor? Help!

Submitted: 1 year ago.
Category: Criminal Law
Expert:  Joseph replied 1 year ago.

While I obviously cannot know the specifics of his case, my guess is that what happened was that he did not need to appear before a judge. What happens the vast majority of cases is that the person is arrested and taken to jail. Then, once processed at the jail, he is given a bond. If he posts the bond, there is no need to appear before a judge, it is only those that do not post a bond that end up appearing before the judge.

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You should be able to check into this rather easily. All you need to do is contact the jail and ask them how he was released, they should be able to provide that information to you.

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Customer: replied 1 year ago.


last question: I called and bail was posted, with a court day on Monday morning. What can I do as the victim of these continued harrasments despite a HRO? What legal recourse do I have?

Expert:  Joseph replied 1 year ago.

My thought would be to call the office of the prosecuting attorney next week. You could tell them of your difficulties thus far with your ex and let them know how you want the prosecution to proceed. You could also let them know that you are available to do whatever they might need to successfully prosecute the case.

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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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