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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 100044
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My Fiancee is being held in California property damage

Customer Question

My Fiancee is being held in California for a property damage warrant in Missouri . He has refused extradition and would like a bail set . how can we get bail set for him to be released ? He will take care of this , pay the fine , probation or other sentence that is handed down ...I just need some info on what step I need to take next so that he is not just sitting in jail .
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Ely replied 6 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. He is entitled to ask for bail via motion while the extradition request is pending. Ergo, he (or his attorney, rather) has to file a motion to set bail. If so, the Court will decide on the bail amount based on:

-the alleged offense

-likelihood of the Defendant fleeing jurisdiction

-safety of the community

-history of the Defendant

-ability of Defendant to pay

Someone in your situation wants to retain counsel for him, and that counsel would file the motion and set it for a heating before the Court.

Good luck.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 6 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!