View Full Version : Leaving a State with a Court Date Set
rusty0277
Jul 19, 2007, 06:45 AM
Can a person who has charges against them and a court date set allowed to leave the state without permission from the court? I believe this is a civil case.
ScottGem
Jul 19, 2007, 06:47 AM
Depends on whether it's a civil or criminal case and whether instuctions have been given to not leave the jurisdiction.
rusty0277
Jul 19, 2007, 06:57 AM
I believe that it is a civil and not sure if she was told not to leave ot not. What happens if she does not show up for court?
mr.yet
Jul 19, 2007, 07:29 AM
Civil matter a judgment against her
Criminal Matter, Bench Warrant
rusty0277
Jul 19, 2007, 08:22 AM
Civil Matter against her
ScottGem
Jul 19, 2007, 08:29 AM
If she doesn't show up in court the other party wins by default.
rusty0277
Jul 19, 2007, 09:11 AM
Then what happens to her? Especially if she has to pay. I feel that she is running away from what she done.
mr.yet
Jul 19, 2007, 09:26 AM
Wages attachments, garnishment of checking account, any asset they can find.
excon
Jul 19, 2007, 09:27 AM
Hello rusty:
Then the winner can garnish her wages and attach her bank accounts. If she doesn't work or have money in the bank, and doesn't intend to work for the next 10 years, then she's cool.
excon
rusty0277
Jul 19, 2007, 10:12 AM
This is my niece and she just moved in with my mother. I feel that I need to be concerned for my mother. I don't want my mom getting hurt.
mr.yet
Jul 19, 2007, 10:22 AM
Tell you mother not to put her on any of her accounts, they will if they find your niece's name on them garnish them
ScottGem
Jul 19, 2007, 11:14 AM
Your mom doesn't enter into it unless she adds your niece as a joint tnenant to any asset she owns. That would make that asset attachable.
rusty0277
Jul 21, 2007, 01:50 PM
I just found out that my niece was out on bond and she left the state. What can take place now?
rusty0277
Jul 21, 2007, 02:41 PM
What I meant was bail. What can be done now?
excon
Jul 21, 2007, 02:46 PM
Hello again, rusty:
Nothing. When she doesn't show up for court, they'll put out a warrant for her arrest. The bail bondsman might send somebody after her too.
excon
rusty0277
Jul 21, 2007, 02:56 PM
I was wondering if my mom would get in trouble for her being out of state because she doesn't know that she is out on bail.
Fr_Chuck
Jul 21, 2007, 03:34 PM
No, being out on bail is a civil contract with the bail bondsmen, unless the bonding company has a rule not to leave state, but then all they would do is revolk the bond.
Basically as long as they show back up for court, nothing happens,
If theydon't show up and your mom signed for the bond, then your mom will have to pay the bail bondsmen all the money lost on the bond.
And/or they will send a bounty hunter after the person who did not show up for court.
ScottGem
Jul 21, 2007, 03:37 PM
You mom might get in trouble for harboring a fugitive. Also, they don't have bail in civil cases, so this has to be a criminal case. Another factor is if she doesn't show however put up the bond will lose what they put up. And the bail bondsman may send a bounty hunter as well.
If your mom doesn't want to turn your niece in she should at least not let her move in.
rusty0277
Jul 21, 2007, 03:40 PM
My mom didn't sign the bond and doesn't even know all of what is going on. My niece called her and wanted her to come and get her because she wanted to start somewhere new.
ScottGem
Jul 21, 2007, 03:48 PM
Your mom could still get in trouble for harboring a fugitive. Depending on the severity of the crime your niece is accused of, its unlikley she can start again. The police WILL have a warrant out for her. If she gets stopped for a traffic violation, they will likely find the warrant and arrest her. Your niece is making a bad situation worse and dragging your mom into it.
rusty0277
Jul 21, 2007, 04:06 PM
Thanks for your help. I think I need to let my mom know what is going on.
Bondsman
Jul 30, 2007, 05:49 PM
What I meant was bail. What can be done now?
If she has permission from her bondsman to be out of state, and has supplied a verifiable address and contact number, then she should have no difficulties as long as she goes to her court appearances. If I have a skip in Tennessee, we normally proceed to putting the defendant in the NCIC.
If the charge is a misdemeanor, the bonding company generally takes out a felony failure to appear which adds another charge. Accesory to the fact are the preferred charges by bondsman for those aiding and abbetting a felon, because it is the easiest to prove.
Best case scenerio, if she has skipped court, she needs to call the company that bonded her out, and turn herself in. If she doesn't, the company will probably send bounty hunters after her to protect their interest.
s_cianci
Jul 31, 2007, 07:53 AM
They can always leave the state unless they're incarcerated. Nobody's going to throw up any roadblocks to keep them from going. But if you do not report for your court date then in all likelihood a default judgement will be entered against you. You say you "belive this is a civil case." Exactly what is the nature of the charges involved? If it is actually a criminal case and you fail to appear, a warrant could be issued for your arrest and you could be extradited back to the state of origin.