QUESTION
Does my son who was charged with 4 felonies have to appear in court for a motion hearing? Can he leave the state?
Asked on Mar 16th, 2013 on Criminal Law - Colorado
More details to this question:
My son has been charged with 4 felonies. He was indicted and now the judge has set a date for motions to be heard. Does my son have to appear in court for the motion hearing? Also, is it okay for him to leave the state, with a violent felony charge on him?
8 ANSWERS
2 Awards
For your first question, yes, more then likely your son must appear in court. The primary purpose of bail in Colorado is to secure a person's presence in court for the hearings but to allow the person be out of custody during the pendency of the case. As to any travel restrictions, you must check the conditions of bail set by the court to determine if there are a travel restriction. If there is, then leaving the state would be a violation of the bail and could subject your son's bail to be revoke and a warrant issued for him.
Answered on Mar 19th, 2013 at 5:45 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
He needs to speak with his attorney about this. Usually, a defendant, with felony charges filed against him, has to appear at all court proceedings, unless specifically excused by the judge. As to traveling outside the state, he again should be speaking to his attorney about this.
Answered on Mar 18th, 2013 at 10:34 PM
Criminal Defense Attorney serving Brighton, MI
at
The Law Office of Steven M. Dodge, PLLC
Update Your Profile
Unless permission is granted by the judge, one is not allowed to leave the state while on bond. Leaving the state without permission is likely to cause your bond to be cancelled. This would leave you in jail while your case is pending and you would give up any money that you might have posted.
Answered on Mar 18th, 2013 at 4:02 PM
Absolutely. Personal appearance is required for anything court proceeding if it is a felony.
Answered on Mar 18th, 2013 at 4:01 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
I seriously doubt that he can leave the state. As for appearing at motion hearing, yes, he needs to be there, unless the judge decides otherwise.
Answered on Mar 18th, 2013 at 4:01 PM
John J. Carney
You should address those questions to your son and his lawyer as they would be the ones to know that. Normally he would have to be present for all court appearances and would have no travel restrictions pre-trial.
Answered on Mar 18th, 2013 at 4:01 PM
In Colorado, If he posted a bond, he ask to ask the court's permission to leave the state. If he is on a summons, he can leave without permission.
Answered on Mar 18th, 2013 at 4:00 PM
Michael J. Breczinski
Yes he has to appear in court or his bond will be revoked and he will go to jail. He would need permission of the court to leave the State.
Answered on Mar 18th, 2013 at 4:00 PM