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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101354
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Had a client of bail agency flee NC. Moms residence was

Customer Question

Had a client of bail agency flee NC. Moms residence was listed as "home address-address for defendant while on-bond." Thus..client (son) went to another state and skipped bond, broke probation. Contacted the defendant on their phone only that was listed on the bond app as being "their phone." (clients phone). Now then, while the search was going on, the client (fugitive) was contacted and told that agency would sue the mom for the bond amount. However, mom not a co-signer on the said bond but is on the app as a reference and address of record. Mom also admitted to aid and abetting with money and got a letter from probation officer mom admitted to helping. Thus..never took action..that is..never filed papers for the civil suit for the bond amount and never contacted mom for the money. Just want to ensure we didnt violate any law here. Didnt pursue mom either cause wasnt sure if anything was possible. Again, never filed papers, never filed any complaint.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: (A) This is general information 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; and (B) please wait to rate until I ask you to do so. It may take a few replies for me to be able to render an complete answer. I will let you know when I do.

I am sorry to hear about this situation. Just to clarify - who are you here - the bail agency?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Customer: replied 1 year ago.
the bail agency
Expert:  Ely replied 1 year ago.

Thank you.

Expert:  Ely replied 1 year ago.

So, your question is can the bail agency be in trouble for threatening to sue someone who actually ended up not being a co-signor? Correct?

Customer: replied 1 year ago.
correct, never brought nor filed any papers. never did nothing. ended up eating the bond actually..ugggg
Expert:  Ely replied 1 year ago.

Sorry - I can imagine that this is frustrating.

At least I can offer some good news. Threatening to sue someone verbally is not an offence - neither criminally or civilly actionable. Had you filed, then she may have had the civil suit dismissed and asked for sanctions as part of the dismissal. However, simply threatening to sue someone verbally? Not really actionable. This really should not be an issue.

I hope this helps and clarifies. Gentle Reminder: 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 I get credit for my time with you. 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.

Customer: replied 1 year ago.
ok great, but want to clarify, to ensure were good..
and need your contact info as well so i can contact you again please
Customer: replied 1 year ago.
my partner actually sent it on a text, ugg, damn text crap, but hope were still good
Expert:  Ely replied 1 year ago.

Hello,

Yes, someone in your situation should be okay. I am sorry to say that JustAnswer.com does not allow its experts to give out our personal information. You can always find me on this website, however.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
woohoo, momma filed a complaint with the NCDOI. ugg, damnit.
Expert:  Ely replied 1 year ago.

Did she?

Customer: replied 1 year ago.
is there any laws against posting a fugitves photo on facebook
Expert:  Ely replied 1 year ago.

Hang on.

Expert:  Ely replied 1 year ago.

Now just because she filed a complaint does not mean anything. You know as well as I do that a complaint of a fugitive's family member really carries little weight to begin with.

Expert:  Ely replied 1 year ago.

I cannot tell you how to respond, but I can say that it is her word versus that of a company. That is all that is really required to know here.

Expert:  Ely replied 1 year ago.

Second as for the photo

Customer: replied 1 year ago.
she did file the complaint, but hell, the damn FBI and SBI uses the stuff too...ok, last question i promise, i need to hire you as my personal damn attorney with these damn fugitives..uggg.
Expert:  Ely replied 1 year ago.

It is not illegal to post said photo online, however, one needs to be careful not to violate mugshot laws - see HERE. So there are some limitations.

Expert:  Ely replied 1 year ago.

This website does not allow its experts to take on customers as clients (but thank you for the offer). May I recommend martindale.com. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
ok, i can prove she deposited money into bank account after the child became a fugitive. and got a letter from probation she admitted to all this..notarized, and helped thekid get a townhouse and got a notarized letter from the defendnats daughter that everyone was traveling to see her in MEXICO, can she be charged with aid and abet or hindering prosecution
Customer: replied 1 year ago.
i cant stand runners
Expert:  Ely replied 1 year ago.

She can be. What someone in your situation can do is turn this all over to the prosecutor, or the detective that is working the case. They would love that information. They take it from there; it is the prosecutor's decision whether to charge her or not.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
is there a a law in NC against it..
Expert:  Ely replied 1 year ago.

You had to know there'd be a couple in this business. So look at it this way - you could have had MORE. This cannot be your first one...?

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.

There sure is:

http://law.onecle.com/north-carolina/14-criminal-law/14-259.html

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
true this, not to pat myself on the back but had 12 over last 3 months and got them all. HOW BOUT THAT
Expert:  Ely replied 1 year ago.

Pretty good odds. You must be picky about your clientele.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
what about the family provision for aiding and abetting what does it mean
Expert:  Ely replied 1 year ago.

Please be specific? What verbiage?

Expert:  Ely replied 1 year ago.

Ah, okay:

"The provisions of this section shall not apply to members of the immediate family of such person. For the purposes of this section "immediate family" shall be defined to be the mother, father, brother, sister, wife, husband and child of said person."

Right, so it looks like since it is his mother, the prosecutor may not be able to charge her, however, they can still use this information.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.