judge wont let friend bond out

[needhelp4friend]

What is the name of your state?Louisiana

My friend was arrested on 4 f.t.a.'s Nov.15. Three F.T.A.'s are for passing bad checks at one store. The other is for battery.The judge owns the store were the checks were wrote.He missed court for these checks due to a hurricane.The judge refuses to give him a bond.What can we do to get him another judge? What can we do to get him a bond so he can get out of jail?

 

[seniorjudge]

Your post gives the reason the judge will not let him out on bail:

My friend was arrested on 4 f.t.a.'s

 

[rmet4nzkx]

And why would he want a different judge? He lost his opportunity to challenge the judge with the FTA same for a speedy trial. Looks like he will have a long wait. Perhaps if had showed up in court the judge would have recused himself. The hurricane must not have been too bad if the Judge got there and the courts were open.
Sorry your friend is without excuse.

 

[needhelp4friend]

He did try to go to court that day.The roads were backed up due to an evacuation in New Orleans.We are 45 mins. north of there. When he got there they had closed the court due the hurricane.The people that did make it in time they just sent them home with another court date ,then they closed the courthouse (he was 30 mins. late). My friend thinks the judge should recuse himself because he is the owner of the store were the checks were wrote.

 

[rmet4nzkx]

The people who appeared and were sent home made their appearance, your frined did not, did he go back the next day the court was open to make his appearance, get a continuance and or get a new court date? I don't remember any hurricane in November 2004, so why didn't he do anything?

 

[CdwJava]

Louisiana is a different world. legally speaking, and almost anything can happen there from what I have seen.

I agree, the judge SHOULD recuse himself if he truly does own the store in question. However, this is not going to happen automatically, and your friend's attorney will have to make that motion.

Bail is not always granted for offenses - particularly FTAs. We often arrest people on "no bail" warrants. These require the person to at least remain in custody until they see the judge. At that time, the defense can usually move to request bail.

Your friend needs an attorney.

- Carl

 

[needhelp4friend]

Sorry, I didn't make myself any clearer.He has been in jail since November.He missed court before then .He learned he had these warrents out and turned hisself in.He has been infront of the judge twice already and his F.T.A.'s haven't been recalled.He has a public defender and the last court date he had the defender ask for the F.T.A.'s to be recalled due to the fact that he has been in jail for over 3 months.The judge told him no matter what anyone said he wasn't letting him go.Just sound's like the judge is taking this all personal,since it was his store.

 

[rmet4nzkx]

YOU are missing the point.
When he failed to appear, he didn't get a new court date, he waited until they issued warrants for his arrest. He has a public defender, let him make the motions.

 

[seniorjudge]

Q: Just sound's like the judge is taking this all personal,since it was his store.

A: From your post (i.e., all the times he's failed to appear) it just sounds like the judge is doing his job.

 

[CdwJava]

From what I have heard about LA state law, I wouldn't be surprised if things are being played fast and loose, however. It DOES seem slightly odd that a judge who may well be a victim in the case is presiding over at least the preliminary proceedings.

- Carl

 

[seniorjudge]

From what I have heard about LA state law, I wouldn't be surprised if things are being played fast and loose, however. It DOES seem slightly odd that a judge who may well be a victim in the case is presiding over at least the preliminary proceedings.

- Carl

Yes, I'd like to hear more about that too.

 

[MinCA]

Recusal on the judge as it's conflict of interest for him to be a victim in the case before him.

And he is entirely within the law to deny bond to someone who's already skipped out on four hearings. If there's reason to believe he will skip out this time (just look at his record!), then he can be denied bond.