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  1. #1
    Kimyshele Guest

    Question Out On Bail Restrictions?

    What is the name of your state? New York

    I am in California, but will be hopping on a plane tomorrow morning headed for New York to bail out my fiance.

    My question is, once he is bailed out will he be allowed to move around the country at will, until his next hearing? Or will he be required to stay in New York?

    His home of record is here in California, so he has no place to stay in New York. I would like to bring him home until his next court hearing which is on March 14th. We WILL be going back to New York for all of his hearings.

    Will there be any restrictions concerning where he can and can't go while out on bail?

    He has been charged with a felony crime, but hasn't entered a plea yet. That hearing is the March 14th hearing.

    Any advice would be greatly appreciated.

    Thanks in advance!

    Regards,
    Kimberly
  2. #2
    hmmbrdzz Guest
    Wish I could answer your question (I'm not too sure on that one). But here's a suggestion: fiance? Don't you want to think long and hard before you board that plane? Then you wouldn't have to worry about all this mess! Oh but love is grand.

    hmmbrdzz
  3. #3
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
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    38,165
    My response:

    First of all, even if he's lucky to be able to afford the bail on a felony, you will definitely being flying home alone. When you're out on bail, believe me, the County prosecutor doesn't want any felon leaving the jurisdiction, and that will be a part of the terms and conditions of his bail. If the prosecutor feels he's a flight risk, or discovers that he has left the jurisdiction, then bail will be revoked, and he'll spend all of his waiting time in jail.

    So, assuming he makes bail, you and he will have to come up with a way to afford housing for him for the duration. It might be cheaper just to let him stay in jail because outside of the Bay Area in California, there is no higher cost of living than New York.

    IAAL
  4. #4
    Kimyshele Guest

    Bail Restrictions

    Thanks so much for the concern!

    However, there is really no need.

    I cashed in 20,000.00 of his 401K plan with my power of attorney, and his permission.

    So, this trip and his 5000.00 bail is costing me absolutely nothing. I will also be gaining first hand knowledge concerning the accuracy and details of the charges against him.

    Don't worry, my hackles are up and I am absorbing every bit of the details.

    Besides, the whole trip (and then some) is totally on him.

    His attorney says that he is free to move around the country, as long as he shows up in court on his hearing date.

    Thanks for the concern!

    Regards,
    Kimberly
  5. #5
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
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    Re: Bail Restrictions

    [QUOTE]Originally posted by Kimyshele
    [B]


    "His attorney says that he is free to move around the country, as long as he shows up in court on his hearing date."

    ====================================

    My response:

    You'll find that that statement is a little less than true. But, who knows - - you might find an "understanding" Bail Bondsman who'll let him go anywhere he wants. Not likely, but who knows. Plan on him staying in New York.

    IAAL
  6. #6
    hmmbrdzz Guest
    [QUOTE]Originally posted by Kimyshele
    [B]

    I cashed in 20,000.00 of his 401K plan with my power of attorney, and his permission.


    Go for it!

    hmmbrdzz
  7. #7
    Kimyshele Guest

    My reply

    Thanks for the information.

    However, I am not using any bailbondsman services. I am posting his FULL bail in CASH.

    So, I suppose that makes me his bailbondsman.

    Regards,
    Kimberly
  8. #8
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
    Posts
    38,165

    Re: My reply

    Originally posted by Kimyshele
    Thanks for the information.

    However, I am not using any bailbondsman services. I am posting his FULL bail in CASH.

    So, I suppose that makes me his bailbondsman.

    Regards,
    Kimberly

    My response:

    Well, no. It's his money. So, he's acting as his own bondsman. You're merely delivering the money. However, he'll still have the prosecutor to contend with concerning his ability to move about the country, or whether he stays in the jurisdiction.

    Also, make sure that YOU don't sign anything for him. You don't want any responsibility JUST IN CASE he tries to make a run for the border.

    IAAL
  9. #9
    Kimyshele Guest

    My Response

    Well, thats very good advice. I won't sign anything to make myself responsible for his returning to New York.

    I believe that the funds now belong to me, since I hold a legal and binding durable power of attorney on his behalf, which entitles me to make any and all decisions FOR him.

    Also, the funds from the 401K were deposited into our joint checking account. Which automatically gives me the authority to dispose of the funds in any manner that I choose.

    We'll see if he gets to come home or not. Apparently, his attorney seems fairly confident that he will be able to as long as he agrees to come back for his hearing in March.

    But.....who knows!

    Regards,
    Kimberly

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