Legal Question in Criminal Law in Georgia

Will the courts take away my house?

A year ago my son was arrested on drug charges. He persuaded me to bond him out of jail with a property bond on my house. Then 3 weeks before Christmas he was arrested on drug charges again, convinced me to do another property bond to get him out of jail. Although the arrests were made in 2 different counties the bonds were combined in the county where I live totaling $48,500.00

The court dates have been scheduled for the 1st arrest. He went to the arraignment early this month and the trail is in 3 weeks. There may be a motions hearing next week. The court appointed lawyer says he can not speak with me about his case. My son and I are not on the best of terms right now and I can't get much information from him.

I am very nervous about him coming to court. If he doesn't appear for the trail will I be given any time to hire someone to locate him? Could the court put a hold on my obligation for a set time until I return him to jail and then release me from the bond? OR will they demand my payment regardless of him being returned. If the latter is true I must make a difficult decision now before its too late. I hate to take action that I can't afford or that may not be necessary if he comes to court or will hurt his case

Asked on 2/25/05, 10:34 am

1 Answer from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: Will the courts take away my house?

Yes, you would have some time to try to locate him. A better plan might be to come off his bond while you know exactly where he is.

The bond against your home may prevent you from selling the property without paying off the bond, but normally the government does not seize the property to satisfy the bond.

Again, get it straightened out before the court date if you think he is going to run.

Jim Hough

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Answered on 3/01/05, 5:23 pm

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