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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39139
Experience:  Retired (mostly)
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hello- I am coming to you because of my lack of knowlege in

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hello- I am coming to you because of my lack of knowlege in the law and my desperation & heartache that i feel because of the situation my daughter is in. I am older and an absolute slow terrible typer,,but i am hoping you can have enough patience to answer some of my questions. you have helped me tremendously before and find myself again hoping to make sense of everything from you. this has to do with criminal law--for now--thanks
Thank you for your post. Please permit me to try to help you out this evening.

What specifically are your questions? I look forward to your response!
Customer: replied 3 years ago.

first bear with me---i am a terribly slow typer and it will take me a while to get everything down---is that all right? if it is--- i will begin immediatly and try to make it as short and to the point as possible.

That is not a problem at all, please take your time!
Customer: replied 3 years ago.

oh my gosh--- did you get my explanation and question? did i hit the wrong button after all that typing?

Mary,

So far I received no posts from you--can you repost please?
Customer: replied 3 years ago.

yes-- i will begin again. my daughter was arrested in the first week of dec. for a probation violation. she was arraigned a couple of days later for a 250,000.00 dollar bond by a local justice court there. she was promised by this judge that she would have a bond reduction hearing on the 17th of dec., i do not know why but this hearing never materialized--maybe because of the holidays. first i contacted that local justice court judge ,,asking for the bond reduction as promised and was told her lawyer( court appointed) was to take care of all that.next i contacted her lawyer--explaining what had happened and letting her know that my daughter is in her first tri-mester of pregnancy and is worried about pre-natal care.Her dad and I cannot afford the 2500 to get her out ,,let alone the other 250,000.00 in collateral. her lawyer got very angry with me, told me she had no intention of filing any papers because my daughter is a drug addict and is exactly where she belongs. my daughter has repeatedly asked for a new lawyer and was told " you cant do that". we live in a very sparsely populated area and there is no-one to police these agencies. she has sat in that jail all through this time -- the holidays---no contact from her lawyer,, no pre-natal care at all--no court date set or even thought about--she is just sitting there--in limbo ,with no hope*** is this legal??? also i have heard there is a form you can fill out to get a new lawyer--since her lawyer wont give her accesss to that form,, is there a way that i can get it and send it to her to fill out and get to the judge??? incidently the judge is one of our cousins--=-- thanks for your patience----finnally done

Mary,

I appreciate your patience. However I am not a criminal attorney. Please allow me to opt out so that a new professional can help you--you would not need to repost everything since your thread would be visible for review. Hold on, please!
Customer: replied 3 years ago.

ok sir--- thank you so much. sorry for the mix up.

Hello,

Different contributor here. Please permit me to assist.

Ironically, your next move is not one for the criminal court. Rather it is a petition for a writ of habeas corpus in civil court, to order the justice court to hold a bail reduction hearing on grounds that your daughter is not a flight risk or a risk to the community, and her bail is unreasonable by any measure.

If the public defender will not assist in this matter, then you will either have to hire a lawyer, or find a legal aid organization that will help.

Frankly, I would contact the ACLU, because this is the sort of case that the organization is usually interested in pursuing. You can also contact:

Montana Legal Services Association
Program Phone:(NNN) NNN-NNNN
Legal Assistance:(NNN) NNN-NNNN
http://www.mtlsa.org

Please let me know if my answer is helpful. And, thanks for using justanswer.com!
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 39139
Experience: Retired (mostly)
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