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What recourse do we have to keep my husband from getting put in jail?
Will accuser have to appear in court?
How does my husband get out of this court system when he was 40 days from his release date?
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I don't know what you mean by recourse. If he has already pled and been put on probation all he an do is fight the revocation and then appeal the decision.
There is no way "out of the court system" if he didn't complete his probation. The court system has to now decide what happens.
I have never heard of a $50,000 D Bond being assigned to someone with a misdeamor charge.
That is very high.
They all go livid when my husband requested copies of his medical records from the therapy place. We feel they are out to get him for doing this and that's why this has happened.
He would not jeopardize anything since he was 40 days out of his release date of 5/16/13. He just wants to get on with his life and here we go again.
I'm not sure why they would mind giving him his records.
Time and time again he has been told by probation and the therapy place that all this is, is a money maker for the state.
I don't disagree with that.
They didn't want him to see what was in the file.
Therapy would tell him he is doing good. He would go to probation, they would tell him they got a very bad report from therapy.
How does he fight this he said she said issue?
His attorney can subpoena the records from therapy.
Then it will be up to he attorney to do what they can with the records.
We have the file but we only have a public defender that doesn't call back
He is so busy with so many cases.
It would be much better if he could hire hos own attorney.
A PD doesn't usually return calls from family members. If they did then they would spend all their time doing that.
He is unemployed and I work part time. We don't have the money to hire a criminal lawyer. They want $25,000.00
That's pretty high for a probation revocation.
We didn't understand why it was so high and that why we are concerned about Friday's court date.
Everyone we have talked to tell us that seems excessive.
It is a lot higher than it should be. Are you sure the lawyers understand it is a probation revocation and not a trial.
Yes. The public defender said to the judge he thought that was quite high.
Judge just ordered it.
The bond is definitely excessive, but I was talking about the attorney's fee. When they gave you that price did they know it was a probation revocation or did they think it was a regular case?
My brother-in-law was the one calling since he had the money.
I don't know.
I'd be willing to bet he didn't tell them it was a probation revocation and just asked what they would charge to represent him in a domestic violence case.
I'll have to ask him that. Do you know normally around what the fees would be?
can you give price range $ - $
$5000 would be on the high end for just a hearing but since they are having to get records it may cost that much.
I appreciate your help, but since we don't have that kind of money, I guess there is nothing we can do.
Thank you for your time.