Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > RESOURCE CENTER > Prison & Criminal Legal Help!
Register Entertainment FAQ Calendar Mark Forums Read

Prison & Criminal Legal Help! Ask questions, get opinions, and find resources on dealing with criminal justice legal issues, appeals, and more..

Reply
 
Thread Tools Display Modes
  #1  
Old 07-01-2018, 02:45 PM
torieoo's Avatar
torieoo torieoo is offline
Registered User
 

Join Date: Jul 2017
Location: NJ, USA
Posts: 358
Thanks: 166
Thanked 263 Times in 150 Posts
Default Bench warrant: Courthouse was closed due to weather on court date

So my boyfriend missed his court date because the area , including the courthouse, had severe storms that knocked out the power, cell towers, etc. the court house he was supposed to appear at was closed and on their website it said all cases would be held at the nearby court house in the next town. He didn’t know that because like i said the cell towers were down and he couldn’t get online to check it. The only way to take care of it is to turn himself in but he’s afraid if he does that they’ll make him rebail out or keep him until his next court date or to pay a fine , which he doesn’t have the money to do. This is the first time he’s ever missed a court date so I was wondering if anyone has ever dealt with taking care of a bench warrant?? Will turning himself in look better in the eyes of the judge and is there a good chance they’ll just dissolve the warrant?? I know every state and case is different, but any advice is greatly appreciated!! Thank you!
Reply With Quote
Sponsored Links
  #2  
Old 07-01-2018, 02:52 PM
drdata1967 drdata1967 is offline
Registered User
 

Join Date: Jun 2011
Location: NY, NY and Canada
Posts: 12
Thanks: 7
Thanked 10 Times in 5 Posts
Default

Nothing good will come from not showing up I think.
Reply With Quote
The Following User Says Thank You to drdata1967 For This Useful Post:
Sarianna (07-02-2018)
  #3  
Old 07-01-2018, 03:28 PM
onedayatatime13 onedayatatime13 is online now
Moderator
Donation Award 
 

Join Date: Apr 2017
Location: United States
Posts: 3,872
Thanks: 601
Thanked 4,865 Times in 2,294 Posts
Default

He has to go. The longer the worse things will be
Reply With Quote
The Following User Says Thank You to onedayatatime13 For This Useful Post:
Sarianna (07-02-2018)
  #4  
Old 07-01-2018, 03:29 PM
torieoo's Avatar
torieoo torieoo is offline
Registered User
 

Join Date: Jul 2017
Location: NJ, USA
Posts: 358
Thanks: 166
Thanked 263 Times in 150 Posts
Default

Quote:
Originally Posted by onedayatatime13 View Post
He has to go. The longer the worse things will be


That’s what I’ve been telling him
Reply With Quote
  #5  
Old 07-01-2018, 04:25 PM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,913
Thanks: 648
Thanked 11,113 Times in 6,009 Posts
Default

If he had gone the very next day, he would have been in the best position to have consideration. The longer he drags it out, the greater the probability that he WILL have a higher bond set that he then has to post.

The only way a fine enters the equation is if there was a judgment that was entered.

Bottom line is that he needs to step up to the plate and have his ass in the courtroom at 8AM tomorrow morning.
Reply With Quote
The Following 5 Users Say Thank You to CenTexLyn For This Useful Post:
fbopnomore (07-01-2018), Fridyrr.Likn (07-03-2018), Nickel Timer (07-02-2018), Sarianna (07-02-2018), yourself (07-01-2018)
  #6  
Old 07-01-2018, 04:37 PM
torieoo's Avatar
torieoo torieoo is offline
Registered User
 

Join Date: Jul 2017
Location: NJ, USA
Posts: 358
Thanks: 166
Thanked 263 Times in 150 Posts
Default

Quote:
Originally Posted by CenTexLyn View Post
If he had gone the very next day, he would have been in the best position to have consideration. The longer he drags it out, the greater the probability that he WILL have a higher bond set that he then has to post.

The only way a fine enters the equation is if there was a judgment that was entered.

Bottom line is that he needs to step up to the plate and have his ass in the courtroom at 8AM tomorrow morning.


I wish he would have went the next day, i keep telling him to do it so he can just see a judge and get it taken care of
Reply With Quote
The Following User Says Thank You to torieoo For This Useful Post:
Fridyrr.Likn (07-03-2018)
  #7  
Old 07-01-2018, 05:56 PM
fbopnomore fbopnomore is online now
Site Moderator
Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 30,891
Thanks: 50,437
Thanked 24,231 Times in 13,894 Posts
Default

He didn't go in the next day, so that is out of the picture. If he doesn't appear voluntarily, he risks being arrested and brought to see the judge in custody. Which of those two options carries the best chance for leniency from the judge?
__________________
Reply With Quote
The Following 2 Users Say Thank You to fbopnomore For This Useful Post:
Fridyrr.Likn (07-03-2018), Sarianna (07-02-2018)
  #8  
Old 07-01-2018, 06:06 PM
torieoo's Avatar
torieoo torieoo is offline
Registered User
 

Join Date: Jul 2017
Location: NJ, USA
Posts: 358
Thanks: 166
Thanked 263 Times in 150 Posts
Default

Quote:
Originally Posted by fbopnomore View Post
He didn't go in the next day, so that is out of the picture. If he doesn't appear voluntarily, he risks being arrested and brought to see the judge in custody. Which of those two options carries the best chance for leniency from the judge?


I don’t know much about the legal system to be honest with you, but i would assume if he turned himself in things would maybe go slightly better for him? Whether he has to rebail out or not I have been trying to get him to turn himself in because getting arrested and THEN brought in front of a judge would definitely be worse
Reply With Quote
The Following 2 Users Say Thank You to torieoo For This Useful Post:
fbopnomore (07-02-2018), Fridyrr.Likn (07-03-2018)
  #9  
Old 07-02-2018, 12:16 AM
Nickel Timer's Avatar
Nickel Timer Nickel Timer is offline
Off-Paper Since 2009
Donation Award 
 

Join Date: Jun 2009
Location: Idaho, USA
Posts: 1,872
Thanks: 1,401
Thanked 3,116 Times in 1,200 Posts
Default

Quote:
Originally Posted by torieoo View Post
I don’t know much about the legal system to be honest with you, but i would assume if he turned himself in things would maybe go slightly better for him?
Not slightly better, A LOT better. It always looks MUCH better if you self-surrender on a warrant voluntarily rather than being forcibly arrested at the most inconvenient time, not if, but WHEN they eventually catch you, during a routine traffic stop if nothing else.

The judge might be understanding since the courthouse was closed that day and your boyfriend didn't know about the alternative location, but the longer he drags it out he less likely he's going to be able to plead ignorance and hope for leniency from the judge.

Stepping up, manning up, and voluntarily surrendering himself so that it doesn't look like he's evading justice will definitely serve him much better when it comes to his eventual sentence, even if he isn't able to bail back out right away.
Reply With Quote
The Following 7 Users Say Thank You to Nickel Timer For This Useful Post:
CenTexLyn (07-02-2018), fbopnomore (07-02-2018), Fridyrr.Likn (07-03-2018), Sarianna (07-02-2018), sidewalker (07-02-2018), torieoo (07-02-2018), xolady (07-02-2018)
  #10  
Old 07-02-2018, 08:01 PM
torieoo's Avatar
torieoo torieoo is offline
Registered User
 

Join Date: Jul 2017
Location: NJ, USA
Posts: 358
Thanks: 166
Thanked 263 Times in 150 Posts
Default

Quote:
Originally Posted by Nickel Timer View Post
Not slightly better, A LOT better. It always looks MUCH better if you self-surrender on a warrant voluntarily rather than being forcibly arrested at the most inconvenient time, not if, but WHEN they eventually catch you, during a routine traffic stop if nothing else.

The judge might be understanding since the courthouse was closed that day and your boyfriend didn't know about the alternative location, but the longer he drags it out he less likely he's going to be able to plead ignorance and hope for leniency from the judge.

Stepping up, manning up, and voluntarily surrendering himself so that it doesn't look like he's evading justice will definitely serve him much better when it comes to his eventual sentence, even if he isn't able to bail back out right away.


Thank you! I’ve tried telling to just self surrender because he could explain himself, but he’s stubborn. Hopefully he’ll man up and do what he needs to do
Reply With Quote
The Following 4 Users Say Thank You to torieoo For This Useful Post:
fbopnomore (07-02-2018), Fridyrr.Likn (07-03-2018), Sarianna (07-03-2018), xolady (07-03-2018)
  #11  
Old 07-03-2018, 03:57 PM
missingdee's Avatar
missingdee missingdee is offline
Registered User
 

Join Date: Oct 2011
Location: Metro Los Angeles, CA, USA
Posts: 3,536
Thanks: 4,071
Thanked 6,404 Times in 2,376 Posts
Default

Yeah, if he hasn't already, he's going to want to get into that court room, get on the docket, and explain himself to the judge ASAP. The judge may, at his discretion, opt to quash the warrant and reinstate the bail. But the more time that passes, the harder it's going to be. It might be frightening to him that there's potential consequences in regards to weather, but the argument of the state and the court is going to be that it's his responsibility to appear for court dates and to make his best effort to be present if the venue is moved or court is closed, either by attending that day or by showing up the next time the court is open and explaining why he could not make it to the other venue. The longer that passes, the less likely the judge is to be lenient. Honesty about why he missed court and humility in saying "I know I didn't fulfill my responsibility, I'm sorry, I didn't know what to do, it won't happen again" is his best bet in not having to re-bail.


Good luck.


-E
__________________
Missing Dee. Finding Serenity.



"I'm a great believer in luck, and I find the harder I work, the more I have of it."
-Thomas Jefferson
Reply With Quote
The Following 2 Users Say Thank You to missingdee For This Useful Post:
Fridyrr.Likn (07-03-2018), Sarianna (07-04-2018)
  #12  
Old 07-03-2018, 04:18 PM
torieoo's Avatar
torieoo torieoo is offline
Registered User
 

Join Date: Jul 2017
Location: NJ, USA
Posts: 358
Thanks: 166
Thanked 263 Times in 150 Posts
Default

Quote:
Originally Posted by missingdee View Post
Yeah, if he hasn't already, he's going to want to get into that court room, get on the docket, and explain himself to the judge ASAP. The judge may, at his discretion, opt to quash the warrant and reinstate the bail. But the more time that passes, the harder it's going to be. It might be frightening to him that there's potential consequences in regards to weather, but the argument of the state and the court is going to be that it's his responsibility to appear for court dates and to make his best effort to be present if the venue is moved or court is closed, either by attending that day or by showing up the next time the court is open and explaining why he could not make it to the other venue. The longer that passes, the less likely the judge is to be lenient. Honesty about why he missed court and humility in saying "I know I didn't fulfill my responsibility, I'm sorry, I didn't know what to do, it won't happen again" is his best bet in not having to re-bail.


Good luck.


-E


Thank you!! I appreciate you taking the time to give me advice. I’ve been trying to tell him the longer he lets it go on the worse it’ll be but like I’ve said in previous posts he’s stubborn. Sometimes it’s like I’m talking to a wall
Reply With Quote
The Following 3 Users Say Thank You to torieoo For This Useful Post:
fbopnomore (07-03-2018), Fridyrr.Likn (07-03-2018), Sarianna (07-04-2018)
  #13  
Old 07-03-2018, 08:28 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 12,146
Thanks: 4,406
Thanked 22,344 Times in 7,758 Posts
Default

Might be time for him to hire an attorney through bail. If he already has an attorney, then going through his attorney would be a good idea to streamline all of this and reduce the amount of time he spends with the Sheriffs.
Reply With Quote
The Following 2 Users Say Thank You to yourself For This Useful Post:
missingdee (07-04-2018), Sarianna (07-04-2018)
  #14  
Old 07-04-2018, 11:19 AM
torieoo's Avatar
torieoo torieoo is offline
Registered User
 

Join Date: Jul 2017
Location: NJ, USA
Posts: 358
Thanks: 166
Thanked 263 Times in 150 Posts
Default

Quote:
Originally Posted by yourself View Post
Might be time for him to hire an attorney through bail. If he already has an attorney, then going through his attorney would be a good idea to streamline all of this and reduce the amount of time he spends with the Sheriffs.


He does have one! Every time he calls her she’s “out of the office”, i don’t think she’s very good
Reply With Quote
  #15  
Old 07-04-2018, 04:01 PM
CenTexLyn CenTexLyn is offline
Registered User
 

Join Date: Sep 2003
Location: TX-US
Posts: 14,913
Thanks: 648
Thanked 11,113 Times in 6,009 Posts
Default

Quote:
Originally Posted by torieoo View Post
He does have one! Every time he calls her she’s “out of the office”, i don’t think she’s very good
Guess what? LOTS of defense attorneys are out more than they are in, at least during conventional business hours.

I would be more inclined to question whether he is leaving a specific message about what he needs to discuss with counsel. My bet would be no...
Reply With Quote
The Following 4 Users Say Thank You to CenTexLyn For This Useful Post:
missingdee (07-04-2018), safran (07-04-2018), sidewalker (07-05-2018), yourself (07-04-2018)
  #16  
Old 07-04-2018, 04:11 PM
yourself yourself is offline
attorney
 

Join Date: May 2010
Location: around
Posts: 12,146
Thanks: 4,406
Thanked 22,344 Times in 7,758 Posts
Default

Quote:
Originally Posted by torieoo View Post
He does have one! Every time he calls her she’s “out of the office”, i don’t think she’s very good
To add to what Centex says, he can always write her a letter being specific about what he needs. He can also set an appointment to meet with his attorney.
Reply With Quote
The Following 2 Users Say Thank You to yourself For This Useful Post:
missingdee (07-04-2018), sidewalker (07-05-2018)
  #17  
Old 07-04-2018, 06:43 PM
nygirl17 nygirl17 is offline
Registered User
 

Join Date: Apr 2016
Location: Michigan
Posts: 4,540
Thanks: 153
Thanked 3,005 Times in 1,805 Posts
Default

To make a long story short the longer he waits the worse it's going to be he needs to turn himself in ASAP.
__________________
Reply With Quote
The Following User Says Thank You to nygirl17 For This Useful Post:
sidewalker (07-05-2018)
Reply

Bookmarks

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Mandatory Release Date arrives while out on Bench warrant katyco_05 Texas Parole, Probation, Work Release & Community Service 2 01-04-2017 01:21 PM
Release date June 27, has bench warrant. Can he file 1381? What to do? liveethiana California Legal Help 3 05-15-2016 04:23 PM
Son has bench warrant...what's that mean? WestTXMom Texas General Prison Talk 9 01-23-2013 01:14 PM
bench warrant jjlew Texas Prison and Jail Visitation, Phones, Packages & Mail 3 01-09-2008 12:44 PM
Bench Warrant? DREAMER54 Prison & Criminal Legal Help! 4 04-16-2005 02:23 PM


All times are GMT -6. The time now is 01:54 PM.
Copyright © 2001- 2019 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics