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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118760
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My fiance is in jail, in NC, on an assault charge. I went to

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My fiance is in jail, in NC, on an assault charge. I went to pay his bail but they would not let him out because he had a outstanding warrant from VA. When he went before the magistrate for the VA extradition the judge gave him a $10,000 secured bond. I went yesterday to pay this bond and the jail would not release him because they stated he had signed a "waiver of release." My fiance did not have representation when he went before the judge and he states that he does not remember signing a waiver of release and it is not in any of his copies. What can we do?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If he did not sign a waiver of release and there is no record of it in the file, then as a defendant he is entitled to reasonable bail under the US Constitution. Thus, you would need to get him a public defender or private attorney in NC to go to court to move the court for his release upon payment of bond and if the court refuses based on this waiver they cannot produce and the fact he had no legal counsel before signing the waiver, then his next step is his attorney would have to file for a writ of habeas corpus alleging they are holding him unlawfully denying bail to seek the release.

These are the steps to take to secure his release.

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