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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102379
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a son who had a bond revoked and in the brevard county

Customer Question

I have a son who had a bond revoked and in the brevard county jail. The reason was a series of low battery warnings causing the x wife to be notified and this was seen by the judge as harrassment. He charged every 24 hrs for the prescribed time and the alert (at 40%) on some occasions happened in 14 hrs. There are no indicator on the device. He has no prior problems. I have proof that thw original charges were false or in some cases highly emdellished. What i need to know is how to (1) put child support on hold and then (2) petition for his realease. x
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Ely replied 2 years 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. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
I am sorry to hear about this situation. Can you please tell me if he has an attorney already, or not?
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 2 years ago.
He has a good but over burdened public defender.
Expert:  Ely replied 2 years ago.
Thank you.
Child Support
In Florida, child support is still paid even though someone in imprisoned, although, Florida law permit reduction of support orders for incarcerated parents. If he would be imprisoned for along time, it would make sense to file a pleading in the family court, asking for reduction due to his incarceration. However, it would have to be who does it, and not you. Or, an attorney on his behalf.
However, if he is not going to be incarcerated for a long time, then this may simply not be practical to even file.
Petition for His Release
His attorney has to file a Motion to Reconsider Revocation of Bond or a Motion for Bond and ask the Court to reconsider the decision made, in light of new evidence. This has to be set for hearing and any evidence and witnesses that you feel may be helpful should be used.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I want to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
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 the 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 2 years ago.
I don't do online chats very well I will try another avenue thank you very much
Expert:  Ely replied 2 years ago.
Alright.
Well, did you see my answer? If so, let me know if you have any more questions. I will re-paste it below:
Child Support
In Florida, child support is still paid even though someone in imprisoned, although, Florida law permit reduction of support orders for incarcerated parents. If he would be imprisoned for along time, it would make sense to file a pleading in the family court, asking for reduction due to his incarceration. However, it would have to be who does it, and not you. Or, an attorney on his behalf.
However, if he is not going to be incarcerated for a long time, then this may simply not be practical to even file.
Petition for His Release
His attorney has to file a Motion to Reconsider Revocation of Bond or a Motion for Bond and ask the Court to reconsider the decision made, in light of new evidence. This has to be set for hearing and any evidence and witnesses that you feel may be helpful should be used.

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 the 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.