Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Other Law (https://www.askmehelpdesk.com/forumdisplay.php?f=190)
-   -   Leaving a State with a Court Date Set (https://www.askmehelpdesk.com/showthread.php?t=111375)

  • Jul 19, 2007, 06:45 AM
    rusty0277
    Leaving a State with a Court Date Set
    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.
  • Jul 19, 2007, 06:47 AM
    ScottGem
    Depends on whether it's a civil or criminal case and whether instuctions have been given to not leave the jurisdiction.
  • Jul 19, 2007, 06:57 AM
    rusty0277
    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?
  • Jul 19, 2007, 07:29 AM
    mr.yet
    Civil matter a judgment against her

    Criminal Matter, Bench Warrant
  • Jul 19, 2007, 08:22 AM
    rusty0277
    Civil Matter against her
  • Jul 19, 2007, 08:29 AM
    ScottGem
    If she doesn't show up in court the other party wins by default.
  • Jul 19, 2007, 09:11 AM
    rusty0277
    Then what happens to her? Especially if she has to pay. I feel that she is running away from what she done.
  • Jul 19, 2007, 09:26 AM
    mr.yet
    Wages attachments, garnishment of checking account, any asset they can find.
  • Jul 19, 2007, 09:27 AM
    excon
    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
  • Jul 19, 2007, 10:12 AM
    rusty0277
    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.
  • Jul 19, 2007, 10:22 AM
    mr.yet
    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
  • Jul 19, 2007, 11:14 AM
    ScottGem
    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.
  • Jul 21, 2007, 01:50 PM
    rusty0277
    I just found out that my niece was out on bond and she left the state. What can take place now?
  • Jul 21, 2007, 02:41 PM
    rusty0277
    What I meant was bail. What can be done now?
  • Jul 21, 2007, 02:46 PM
    excon
    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
  • Jul 21, 2007, 02:56 PM
    rusty0277
    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.
  • Jul 21, 2007, 03:34 PM
    Fr_Chuck
    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.
  • Jul 21, 2007, 03:37 PM
    ScottGem
    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.
  • Jul 21, 2007, 03:40 PM
    rusty0277
    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.
  • Jul 21, 2007, 03:48 PM
    ScottGem
    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.

  • All times are GMT -7. The time now is 01:53 AM.