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Delta-Lawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 3546
Experience:  Over A Decade Of Criminal Law Experience
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My niece is out on bond on a charge she signed a plea

Customer Question

My niece is out on bond on a charge for which she signed a plea agreement, she is just awaiting her sentencing date in July and unfortunately, she breached her bond by getting in trouble and it just was found out for something she did back in September of last year. Is there any chance the judge would allow her to stay out of custody with this new charge, which by the way, she signed a supplemental plea agreement to the original plea, with new restrictions?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Delta-Lawyer replied 1 year ago.

I hope this message finds you guys well, present circumstances excluded. I am a licensed attorney with over a dozen years of criminal law experience. It is a pleasure to assist you today, though I wish under different circumstances.

It will be very difficult, unfortunately, to stay out of custody in view of breach of the bond by getting into trouble. If the trouble was drug related, she may be able to avoid remaining in custody if she has inpatient rehab set up to begin at or near the day of her court appearance. The judge may be lenient and allow her to go to rehab in lieu of prison under those circumstances. I have seen this work in the past, though the judge is under no obligation to oblige.

If she chooses this route, I would recommend letting the prosecutors know before court and asking them for leniency under the circumstances.

Let me know if you have any other questions or comments. Please also rate my answer positively (three or more stars) as well.

Best wishes going forward!

Customer: replied 1 year ago.
even if she has been doing right since October, the judge would not allow her released with restrictions until her sentencing hearing? She is a single mom of 2, 14/16 and their sole provider for 14 years. I'm not condoning anything she did, nothing drug related, she just didn't know how to tell her parents no when they ask her for help, but, she has been doing so well since October.
Customer: replied 1 year ago.
By the way this is in Santa Ana, California and it is under federal not state.
Expert:  Delta-Lawyer replied 1 year ago.

There is a chance...the fact that she is the sole provider for children, coupled with the specific facts of the case relative to providing assistance may be enough to keep her out in the interim. Statistically speaking, the majority of cases like this one end up in incarceration. He best bet is to have a clear explanation of why she did what she did and also be able to articulate that she is the sole caretaker for her children. This is what is termed an equitable plea.

Let me know if you have any additional questions and please don't forget to rate my answer positively.

Thank you

Customer: replied 1 year ago.
I hope the judge will be sympathetic to the fact that she is a single mom and has been doing so well since October and she deserves a chance to prove it. Her attorney, who by the way is very good, is having her meet with a psychiatrist in order to get to the meaning of why she did what she did. Her kids actually want to go to court when she turns herself in the hopes that maybe the judge will let her stay out and keep working in order to keep taking care of them until sentencing. Her dad is 85 and she does help him with his monthly bills and groceries if his social security doesn't cover everything. I just don't know what to tell the kids about going to court.
Expert:  Delta-Lawyer replied 1 year ago.

Having the kids there is a double edged sword. It may help persuade the judge, however the psychological effect on the kids if their mother gets taken away is something they may never recover from. If it is possible to have recent pictures of them and voice recordings that they pre-record as to their love for and need for their mother, that is likely the better way to go here.

Customer: replied 1 year ago.
I will pass that along.I know they are aware of the fact that she may go away, she had already informed them of the sentencing hearing and has been preparing them, the attorney is having them write a letter to the judge, although it was supposed to be in July, not this week. The other big issue is not being able to continue to work and save money between now and July in order for the kids to be provided for in the event that she does have to go away instead of receiving either probation or house arrest, which would allow her to at least continue to work and provide.
Expert:  Delta-Lawyer replied 1 year ago.

You are exactly right...and all of those issues need to be presented to the judge. In order of importance, the arguments should be:

- Well being of the children;

- He earning ability (which relates back to children); and

- the fact that her latest infringement was from a good place attempting to help others - minimizing the criminal intent here.

Let me know if you have any other questions or comments. Please also rate my answers positively on the rating interface. Thank you!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking to see if you have any additional questions. I want to make sure you are as comfortable as possible as you move forward. Thanks!

Expert:  Delta-Lawyer replied 1 year ago.

Just checking in again. This is important to me because it is important to you. Let me know if you have any other questions. Thanks!