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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15947
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My wife was arrested. She violated the epo that was issued

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My wife was arrested. She violated the epo that was issued for assaulting me. When I called the jail they said that she had two charges. One had a 2500 bond and the other was not bondable. What does that mean?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.
Hi,

That means that you'd be wasting $2,500 trying to bond her out because she has a hold on her second charge. From what you've told me, one of her charges is the violation of the order of protection. Courts don't mess around with a charge like that as most DAs will want jail time for the offense. It's not unusual for judges to refuse to set bail on a violator and the law supports that.

The other charge is whatever she allegedly did to you that constituted a violation of the order.

Her lawyer can perhaps negotiate something for her and/or make a new application for bail, but until that time, you won't be able to bail her out.
Customer: replied 11 months ago.
I don't want to bail her out. I think that they got her for the protective order and bond conditions. So how long does she stay in there? Till she goes to court for the offense? How does that work?
Expert:  Zoey_ JD replied 11 months ago.
Thanks for clarifying and sorry for the delay. I have been eating my breakfast.

Without knowing what the charges are except generically, I can't say for sure. But she will remain in at least until her court date. Then, her lawyer can make a new bail application which may or may not be granted.

Technically speaking, there would have to be a change for the better with regard to her case before the present bail conditions could be changed and the judge could look at a frivolous bail application in the absence of such changes as a reason to actually increase bail. So I can't tell you what's going to happen.

I don't know what she's allegedly done, how aggressively the DA wants to prosecute her, or whether you're all for it or working furiously with her lawyer to get her home. But is it possible that she will remain incarcerated through the duration of her case? The answer on a DV case with an alleged violation of an order is absolutely yes. It's very possible.
Customer: replied 11 months ago.
Good. I don't want her even near me. I have already Made several reports her. She has violated the protective order and her bond conditions. Also I have reported forgery. On four separate cases I have reported her violation of the protective order and bond conditions. Will those cases be tried separately or all be one case
Expert:  Zoey_ JD replied 11 months ago.
Hi,

From what you have said, she is very likely to sit in until she can get out with some kind of plea for the equivalent of time served. She's not in a very strong bargaining position, which should keep her lawyer from getting her released any time soon.

Generally, for the sake of judicial economy, the DA will combine the forgery cases and there would be one case but four seprarate counts.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15947
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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