Can the judge tell me and my husband that we can’t have contact if we were arrested on the same charges?

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Can the judge tell me and my husband that we can’t have contact if we were arrested on the same charges?

Me and my husband were charged on the same charges and bonded out. They didn’t tell me I couldn’t have contact with him but are now telling him he can’t have contact with me, is this possible?

Asked on October 20, 2011 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A judge can set any number of "reasonable" conditions of bond.  Practically every bond is conditioned on a requirement that a defendant appear for court and commit no new offenses while on bond.  However, judges can set other conditions designed to protect the safety of the community, to protect certain persons, or to protect evidence.  Because you are co-defendants, the judge could have felt that the two of you contacting each other could result in the commission of another offense or it would present a safety issue for one of you (or the community).  This is not an extremely common condition of bond, but it does happen occasionally.  If this is an actual condition of bond, it will be written in an order.  Get a copy of order to make sure the judge actually ordered a no-contact provision.  Some bond companies strongly suggest no contact between co-defendants to prevent one from leading the other in the wrong direction, even though the judge never actually order the condition.  However, if the judge actually did reduce the order to writing, and there is not basis for the restriction, your husband can petition the court for a modification of his bond conditions so you can contact each other.   Consult with a criminal law attorney in your jurisdiction to see what other options may be available depending on other circumstances involved with your case.


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