When he goes to his first appearance, will they release him? 15 Answers as of June 25, 2013

My boyfriend was arrested for aggravated battery on a pregnant person and bonded out but missed his court date. He was recently arrested for a warrant on that same case. He's in jail waiting for orange county to come pick him up.

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William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
No he missed a court date his bond is revoked
Answer Applies to: Tennessee
Replied: 1/2/2013
Downing Law Firm | George E Downing. Jr.
No. The first appearance is to plead guilty or innocent. He will also have to answer to the Judge that issued the warrant before being released. He could get a warning ,jail, or fine or jail and fine
Answer Applies to: Louisiana
Replied: 12/30/2012
Michael Wynn | Michael Wynn
That would be up to the Judge but the short answer is they probably won't release him since he did not show up to Court the last time they did. He needs an attorney now!
Answer Applies to: Florida
Replied: 12/30/2012
DeVito & Visconti, PA
DeVito & Visconti, PA | John E DeVito
If this matter occurred in Massachusetts then the likelihood is that your boyfriend will be required to post bail in order to get released. Assault and Battery on a pregnant women is a felony. If he defaulted on a court date, the court will balance the seriousness of the crime and the fact that he defaulted on the court date when imposing bail. It would be beneficial for him to hire an experienced attorney for the bail hearing and for future proceedings in the case.
Answer Applies to: Massachusetts
Replied: 12/28/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Well it depends on the judge and the bond set and if he has a good reason for not appearing. The answer is maybe.
Answer Applies to: Michigan
Replied: 6/25/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    He will not be released at his first court appearance, because the bond was forfeited when he missed his court date. He will need to request another bond.
    Answer Applies to: Georgia
    Replied: 12/28/2012
    Hamblin Law Office | Sally Hamblin
    Not necessarily. His track record is not too good. It is up to prosecutor to recommend bond or not, and then the judge decides.
    Answer Applies to: Michigan
    Replied: 12/28/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Maybe, maybe not. Since he missed his original court date, his bond was probably revoked and a bench warrant was issued. The judge can set the same bond, a higher bond or no bond at all based upon his failure to appear and the need for the issuance of the bench warrant. In addition, his charges are serious and the judge may deem him to be a danger to society. I strongly suggest that he or you on his behalf contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding his case. He/she would then be in a better position to analyze his case and advise you and him of his options.
    Answer Applies to: California
    Replied: 12/28/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    It would be most unlikely for your boyfriend to be permitted to bond again after missing court and having to be estradited. He is likely to be forced to remain in jail until his trial.
    Answer Applies to: Alabama
    Replied: 12/27/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    We have no such charge in Texas. We have aggravated assault with a deadly weapon or resulting in serious bodily injury - pregnant or not. ? He will not be released unless he makes another bond.
    Answer Applies to: Texas
    Replied: 12/27/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    For a person to miss a court date when they are out on bail is not something that the judge will overlook. There is a very good chance that your will have his bail raised. If he cannot make the new bail, he will stay in jail until the case conclusion. It is almost impossible that he will get an OR release at his next court appearance.
    Answer Applies to: California
    Replied: 12/27/2012
    Gates' Law, PLLC | Thomas E. Gates
    Since he appears to be a flight risk, the court will likely raise the bail amount for release. Because he lost his previous bond protection, he will need to come up with new money for the new bond and, the bondman may require a higher percentage that must be paid down.
    Answer Applies to: Washington
    Replied: 12/27/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    The judge will most likely reset the bail. Since he failed to appear, he can expect the judge to increase the bail from the original amount. He will need to work with his bondsman to see if they will apply the previous bond to the new one and he will have to make arrangements to pay the difference if the bail is increased.
    Answer Applies to: California
    Replied: 12/27/2012
    Chaudhary Law Office, PLLC
    Chaudhary Law Office, PLLC | Satveer S. Chaudhary
    It is quite possible your boyfriend will continue to be detained because of flight risk. I highly encourage him to have an attorney on his behalf to argue for releaseat least a public defender.
    Answer Applies to: Minnesota
    Replied: 12/27/2012
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    No. He will probably be held without bail since he will be considered a flight risk. If someone has failed to appear before, they're not considered to be good candidates for O.R. releases.
    Answer Applies to: California
    Replied: 12/27/2012
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