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My son has been incarcerated on alias capias since September…

Customer Question
My son has been...

My son has been incarcerated on alias capias since September 20,2017. Next court date is November 13, 2017. How can his attorney get him released? He has been denied release last 52 days

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And to clarify, can you tell me what paperwork has been filed?

Mississippi-attorney filed motion to release him last week and District Attorney denied it

Lawyer's Assistant: Has anything been filed or reported?

A motion for a hearing was filed last week. Attorney is attempting to get hearing Tuesday, November 14, 2017 to release him from alias capias

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My son is charged with a sex crime and was beat up in jail last night. We bonded him out on the original charge in October 2015. He missed last court appearance due to extenuating circumstances

Submitted: 8 months ago.Category: Legal
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Answered in 2 minutes by:
11/11/2017
Lawyer: Zoey, JD, Attorney replied 8 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,306
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Customer reply replied 8 months ago
I need to know the rules of being arrested on alias capias. Is there anything in the law that says when a prisoner must be released?
Lawyer: Zoey, JD, Attorney replied 8 months ago

When there's a warrant for out for a defendant's arrest and the defendant is picked up on that warrant he will be incarcerated. What happens from there depends on the nature of the warrant. If it's is just his failure to appear, his bail status is at the discretion of the judge. There is no law that says a judge has to release him. If the judge perceives him as a flight risk, he will set bail high enough to ensure that if the defendant can post it, he will have incentive to return to court.

If the defendant has already been sentenced -- he's on probation or parole, for example, or awaiting sentencing after a plea -- no bail is usually set on those matters. Instead, there is a hearing to determine how much time he's going to have to do for the violation of the terms of his plea agreement.

If your son's attorney has requested a hearing to get the matter before the judge, explain the extenuating circumstances that caused him to miss his court date and to ask for his release, then he is doing what he can to get your son out.

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Customer reply replied 8 months ago
ok. Thank you very much!
Lawyer: Zoey, JD, Attorney replied 8 months ago

A lawyer can always be heard as to bail for his client. So if this hearing doesn't get the results that he wants, the lawyer can wait for a more favorable time to revisit the matter and try again.

I strive for 5-star service. If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or (hopefully) 5 stars on the rating scale, as that is the only way that JustAnswer gives us Experts credit for our work. You would still be able to post further follow-ups on this question thread about this for no additional cost, even after I've been rated.

I wish your son good luck with his case.

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