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Def. is charged with misd. harassment for sending repeated texts etc.....makes bond and continues the conduct contrary to the bond conditions imposed. If a revocation hearing is held, can the judge refuse to set another bond on the misd. case if he finds the conditions were violated? Alternatively, if a second misd. case is filed in lieu of a revocation hearing, can the judge refuse to set a bond amount on the new misd. case....if not what would be the max amount? It is obvious the first bond with conditions did not resolve the issue.This message has been edited. Last edited by: mhartman, | ||
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Look at CCP 17.15 for a list of rules setting bail. In my experience, it's a bigger headache than it's worth to deny bail in a misdemeanor case, even when the defendant continues to violate the conditions of his original bail. I've found it's more impactful to issue a warrant on the new charge, to file a motion to increase bond on the old charge, and to have a contested hearing where the bond on both old and new cases is greatly increased (but not to an oppressive level). I found that when the defendant learned the cost of texting his ex just doubled (via double attorney fees, double bail fees, etc.), he usually turned off his phone. Just my 2 cents; no change given. | |||
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If you purchased a bond through a Bail Bondsman, you cannot get your money back. Paying bond is just like buying an insurance policy, you bought the bond. As far as revoking the bond, call the bondsman and tell him you want to revoke the the bond. You won;t get your money back but the bond can be revoked and your BF will head back to jail unless somebody else will pay a new bond. Elizabeth | |||
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APorter Thanks for the response....do to the urgency, we went ahead and filed a second case and issued a warrant, which was my initial thought since the case is a misd. and I assumed the defendant would re-bond even after a bond revocation hearing. Perhaps another charge will dissuade his continued conduct. If this doesn't work, maybe we can make a felony stalking case stick. | |||
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