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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 33109
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son was out on bond in one county and went to court on a

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my son was out on bond in one county and went to court on a felony case, the judge remanded him without bond because he had picked up another case in another county. Is it possible to reinstate his bonds and who determines that? Can an attorney go speak to the judge that remanded him with out bond?
JA: What are the exact charges? Is this a federal or state case?
Customer: State cases. Drug possession charges in the first case. In the 2nd county he also has 2 state jail felony cases for possession of drugs and 3 Class A misdemeanor charges for burglary of a vehicle.
JA: Where are you located? Bail bond laws vary by state.
Customer: TexasT
JA: Anything else you want the lawyer to know before I connect you?
Customer: My son is being offered 2-4 yrs of prison time on the first case, where he was remanded without bond. His court appointed attorney is not very helpful. His attorney tells him that if he agrees to take the time, he may possibly get the other charges in 2nd county dismissed. He has also been accepted into a 1 yr rehab, but again attorney does not "think" the prosecutor will go for that, so isn't willing to even ask the prosecutor.

Hi,

I'm Zoey.

I've reviewed your post. Did the judge remand him on the new case in his own county or on the out of county matters?

Customer: replied 4 months ago.
H remanded him on the cases in his own county because of the new cases out of county. supposedly that was the violation/basis for remanding him

Bond is at the discretion of the judge who set it, and he or she is the one who could change it if he so desired. A defense lawyer can always ask the judge to be heard as to bond. So his lawyer can talk to the judge on the next court date about reinstating bond for him or file a motion to have bond reconsidered.

I don't want to fool you, however. In my experience, it's very unlikely that the judge will vary the conditions. There typically has to be a change in the case for the better in favor of the defendant for the judge to modify the bail conditions. Here, the change, unfortunately, was for the worse.

Customer: replied 4 months ago.
I understand. Dince. Since my son has been incarcerated, he has been tentatively accepted into a drug rehab facility for a year long but his court-appointed atty doesn’t want to ask the prosecutor if he will allow my son to go there.Thank you for your response.

You're very welcome.

The drug program would also have to be acceptable to the prosecutor on the new case in the other county. So it's not this prosecutor's call all by himself. But if what his client wants is for his lawyer to ask the prosecutor, the lawyer should do so.

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