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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102368
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My boyfriend is in jail, has been since friday. he will not

Customer Question

Hi there! So my boyfriend is in jail, has been since friday. he will not have an arraignment till the 23rs. but yesterday they scheduled a bail hearing for the 17th. My question is if i bail him out before the hearing " there is a bail posted now" does he still have to go to the bail hearing? also, can they decide at the bail hearing to put him back in jail?
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: were are in utah. san juan county. and not sure exactly... i know he requested paper work for a public defender. but thats about it
JA: Anything else you want the lawyer to know before I connect you?
Customer: i dont think so :) thanks
Submitted: 7 months ago.
Category: Legal
Expert:  Ely replied 7 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What often happens is that a bail is set "automatically" when someone is arrested and processed, and later the bail is upheld/modified by the Judge at the hearing, either on motion of the Defendant or by process of the criminal charge. At that point, his bail may be lowered, for example, depending on his financial ability, flight risk, etc.

If you bond him out, the bail hearing is likely going to be waived, although he'd likely still have to show up for an Arraignment (to plead guilty or not guilty) and then still have the case reset. It will be reset several times until he decides to take a plea deal or take his chances at trial.

NOTE that if you bond him out, the overwhelming presumption will be that he can afford counsel. If he stays in jail, he will likely be awarded a public defendant.

I hope this helps and clarifies. Please use the SEND 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 THREE OR MORE STARS and then click FINISH to submit that rating, as this is how experts get credit for our time. Rating my answer the bottom two 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 with a positive rating (it does not cost anything extra to rate).

Expert:  Ely replied 7 months ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!