What to do if you have a Bench Warrant
84Your new jewelry - if you're arrested
Jokes
Having a warrant for your arrest is no laughing matter, oh the jokes will abound from family and friends. “What kind of bird can’t fly?” (answer: jailbird) “We have your plane tickets to your flight on ‘Con-Air’” or the ever popular “Dean Man Walking” (as you’re leaving the jailhouse). To the one that has the outstanding warrant it can be very frightening. There are various types of warrants but the most common is called “Bench Warrant”.
The most common is a Bench Warrant
A Bench warrant means that the police aren’t going to come knocking on your door looking for you. What it means is should you have any contact with the police or attempt to renew your drivers license you will be arrested, handcuffed and put in jail until a bond is paid on your behalf.
Not necessarily avoidable
One would think the easiest thing would be to avoid any trouble, this does not always work out that way. Sometimes you may not even be aware that there is a warrant for your arrest. If the court system does not have your correct address, there will be no attempt to get the correct one, they will mail paperwork to the address they have on file.
Having a bench warrant does not necessarily mean that you are a criminal, it means the Judge wants to talk to you. He/She is busy and they aren’t going to take the time to give you a call and ask ‘What’s up?’. Information will be sent to your known address and if you do not respond by calling the court or showing up for an appointment the Judge will issue a bench warrant. Then the next time you get pulled over your name will be run by the Police Officer, if you have a warrant you will be taken into custody and held until you pay the bond (amount of money the court has determined that you owe) or until an appointed time the Judge can see you.
Do NOT argue when pulled over
If you are allowed to post a bond, you will be given a time to go to the court house to have that chat with the Judge. He may ask you why you didn’t pay what you owed. If you owe more than the bond amount, you may be given more time to pay. The courts are not unreasonable, they know people have to survive, but they need their money to operate as well.
Most people don’t realize they have a warrant until they are pulled over by the police. If this should happen the only thing you can do is ask what it is for. They will tell you to the best of their knowledge. There is absolutely no point in arguing, you are going to jail (unless of course you happen to have proof that the amount owed was paid). Depending on the police and your cooperation, you may or may not be handcuffed.
Do not attempt to argue with the police officer, this is part of their job. It will only make things worse on you if you should do so. If you need to make a phone call and you are being cooperative, the police officer may allow you to use your cell phone or if you don’t have one, he may allow you to use his/hers. You must remember they didn’t create this problem, it was there when you were pulled over. It is not their fault.
What happens when you are arrested
You will be taken to the nearest police station and booked. This means having your fingerprints taken, your picture taken (front and both sides), you will have to remove your shoes and possibly change into “jail’ clothes (jumpsuits) depending on your County. If you inform the Police Officer that your bond will be paid as soon as possible you may not have to change into jail clothes. You will be searched as part of the booking process. If you have had someone in your vehicle with you and they have a license, their license may be checked before being allowed to drive your vehicle.
Once your are bonded out and being released you may be given a bill for your jail stay. It is also called a booking fee. You will be charged for a full days stay even if your didn’t get to eat your cold baloney sandwich and warm Kool-Aid. This must be paid or there could be another warrant issued.
What to do BEFORE you are arrested
If you should find out there is a warrant for your arrest BEFORE getting pulled over there are things you can do to avoid going to jail.
Your first step should be to call the courthouse to ask what the warrant is for. You will be told if you owe any outstanding fines/fees. These can be taken care of quickly by either paying them or setting up an appointment to speak with the Judge to make payment arrangements. Depending on the reason for the bench warrant you still may have to turn yourself in to the police department and booked.
The courts will be glad that you have made contact and will be more than happy to work with you on making arrangements to get the money you owe, paid. With the court system in most Counties so backed up and their calendars (what it is called when the Judge makes time to see you) so full, the clerks are in charge of collecting monies owed. They are quite willing to take the money or payments without you ever having to see the Judge.
Disputing the charges
If it is your wish to see the Judge and dispute the charges that will be entirely up to you. You will be given an appointment time, if you are disputing the charges it would be beneficial for you to have all your paperwork in order before your appointment time. You should arrive at your appointment time 15 minutes early, so the Bailiff (the Judge’s assistant) is aware that you are there and will inform the Judge of your presence. Your file will be there as well.
Your name will be called and now is the time you get to speak with the Judge. Do not raise your voice or yell at the Judge, should you do so, you could be held in ’contempt’ of court. This is just a fancy way of the Judge saying “This is my House and you don’t get to yell in it”. Keep your voice even and tell your side of the story. The Judge is reasonable and will listen to you. If you have proof that you don’t owe the money, now is the time to tell the Judge. You will give your paperwork to the Bailiff and he/she will in turn hand it over to the Judge. If he feels that you have given ample evidence, your charges (fines/fees) may be dismissed. If you have paid a bond (to get out of jail) it may now be refunded.
Make your payments
If it is determined that you still owe the money, the Judge may ask you what you can afford to pay (if no bond has been posted or if money is still owed). You will be given an amount to pay (usually per month) and a date to have it paid on. Make every effort on your part to make these payments on time. If for some reason your payment will be late, if you call the court house and speak with the clerk and let them know when the payment will be made they will be more likely to work with you. If you don’t pay the money owed, it will start all over again, with a Bench Warrant issued for your arrest.
The next time the Judge and the clerks may not be so willing to work with you.
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As embarrassing and as much as I am ashamed to admit it. Yes. In the last week. My husband was arrested on Sat. night, we got pulled over because of a broken headlight. You must imagine our surprise when we were told he had a warrant, a mistake on the part of the courts. They're saying that my husband is my sons father (we have a birth certificate to prove otherwise, not on us of course). Because of the times the courts are splitting the bills (whether you are married to the father or not) and sending separate bills, to ANY address they feel like. Yes, currently I have a warrant, I am trying to take care of it. I am not leaving my house until my opportunity to see the Judge. By then, I only hope it will be taken care of.
There is much more to the story of course,
Thanks for stopping by and commenting!
Can one assume from your story that for no particular reason or a mistake by an inefficient court you can be arrested, placed in custody with your picture, finger prints and now presumably your DNA placed on record and generally treated like a criminal and this is classed in the USA as justice ?
You are ABSOLUTELY correct Merlin, this can and does happen in the good ole US of A. Not only that, but should there by chance be some sort of mistake or even so much as false accusations, this record of your arrest will remain with you the rest of your life. There is no way to remove it, EVER.
Because I have never been in an trouble or ever had a warrant (until now for non-payment of a bill from 1996 that I was not aware of) the court clerk is attempting to get it taken care of without me having to 'turn myself in', be fingerprinted or arrested in anyway.
The only 'stupid' thing that was said to me, when I said I never received a bill or had knowledge of it because I haven't lived at the address they were sending it to for almost 10 years was this; "Why didn't you notify the Court you moved?" I don't know about you, but I don't go notifying any court system (that I have no involvement with) when I move... What would I supposedly say? "Excuse me, but I'm going to move and I wanted to let you know just in case some day in the distant future you need to contact me."???
Thanks for stopping by and letting me vent!! LOL
The Home of the Free !
Wow, sounds like you are dealing with an annoying situation! I hope it all works out for you. This hub is full of really useful information. Thanks for turning your not-so fun situation into an educational hub for everyone else!
Dont think i will be moveing to your part of the world in a hurry !! ...I will just stay in GB .
@ Merlin - GO USA!! Well as opposed to some of the other Countries I could be living in, I's still have to say I like home best.
@ Megavitamin - Yes it is annoying and frustrating, but the upside? I get to write about it!! Try to turn a frown upside down... Ok, that is even too perky for me...
@ Loveslove - LOL, maybe one day I will get on a boat and come for a visit!!
Thank you all for stopping by and commenting!
Thanks for sharing this information and wishing you the best is getting through your sticky situation.
I hope to be able to help others avoid those handcuffs if at all possible!! I know I certainly don't want to wear them. It's still not over, my appointment to have coffee and a chit-chat with the Judge isn't until Monday. So I'm sure he isn't going to want coffee or chit-chat, but it's worth a thought.
Thanks for stopping by and commenting!
Maybe someone can help. I was first time offender 4 yrs ago. Got a yr but all was suspended but 30 days. I got alternative sentencing(work crew). I failed to complete and was told I had to serve the remaining 21 days in jail. I was given a document and told to turn myself in the following week and that if I misplaced it not to worry. The document was just to get me booked quicker. I turned myself into booking without the document and they wouldn't take me in because I didn't have a warrant. I went in the next morning to get another document but the lady wasn't working that day. Tried again the next day and again she wasn't working. I suffer from anxiety and get really bad panic attacks. It took so much out of me everyone of them days. I have a bench warrant now and want to turn myself in so I can get this done and can move on. I feel as I have been in prison for the last four years when it could have all been done with just 21 days served and now i don't know what kind of trouble I am in. I just got financial aid for college and have to be there the 17th of December to register for classes and start Jan 3rd. I need to get this taking care of so I can move on with my life and quit stressing about it. If I am put in jail I will loose my financial aid for the semester. Depending on how much time I get I will not be able to start school for at least 3 months.
My question is how pissed will the judge and the court be at me. Any chance the judge will show mercy since I did report to jail the day I was suppose to? Also for me attending college and bettering myself. I know I will more then likely have to serve the time I was suppose to but how much time do you think will be added? My hope is that the judge will see that I am going to college and give me another chance at work crew or give me intermittent incarceration so that I am out on the week days so I can attend class. Will the punishment be any worse that the warrant is four yrs old compared to if it was a week? Any chance they will take back the suspended
part and give me my year back. Take in mind that are jails here in washington state are over crowded. Please help!!
Johnny - This is what I would do if I were in your situation. Find the name of the Judge in your area, (in some courthouses there are a lot) give him/her a call on the phone. Explain to him what you have attempted to do in trying to turn yourself in. Tell him what you are trying to do with your life and that you REALLY would love to get this situation straightened out. Ask him what you can do. Ask if there is an alternative to doing your time in jail. If not then is it possible to do 'weekend' jail, so that you can continue to go to school to better yourself.
I would not think that the time would make a difference four years compared to 1 week. He will just think you have been either very lucky or careful. There might still be a record of you showing up to do your jail time, so I do not think the Judge will be angry, nor do I think he will give you more time.
Your best bet is to make that phone call. It's a place to start.
Best of Luck to you. Let me know how it turns out!
Sorry I reposted it. Thanks so much for that. I have been trying to get any advice I can. As far as judges, yes there are a lot here at my local court. So just pick any one of them? Any idea when a good time would be to call? I am sure they are busy in the morning with cases. I have never called a judge before. Makes me nervous. I hope I don't get tongue tied. It would be so much easier in a email but I assume he would prefer voice to voice. I called the jail and they told me I had to turn myself in of course but in my situation can you instead go into court before it starts and try and see the judge instead. I'd rather much do it that way then have to be booked in and have to see him cuffed and in a jump suit. I know I will have to tell a bailiff that I want to speak to the judge and I suppose get on the docket. I'm sure they will ask for my name and know i have a warrant. I just don't know if they will arrest me on the spot, which I don't mind but I would hope to be able to stay there and wait to see the judge and not taken straight to jail. I guess I can just ask a judge this when I call. Only thing is one judge might tell me something different then the judge I see. Or the judge could say what I want to hear just to get me in there. I feel like some low down criminal when I am far from it. I am just sick of this already. I would just hate for this to ruin college right now. I appreciate all your advice! I wish it would work to were I could get what he tells me in writing so they don't go back on it. :) I know I am dreaming.
No problem.. Start with the 'type' of Judge.. obviously not probate... I'm not sure what type of 'crime' it was. And if you can get on the docket, you will get your chance to talk to the Judge before anything happens. They aren't cruel people, they want stuff ended too. Try not to be nervous, remember they are people too, they put their pants on one leg at a time just like you.
Yes, they will know you have a warrant. But they won't just 'tell you anything' to get you in there. They will tell you the truth. Make sure you get the name of the Judge you are speaking to (take notes during the phone call), that way when you do get your opportunity to see the Judge you can refer to your notes.
Morning is the best time to call, between 8 and 8:30 because they usually don't start Court until 9 or 9:30. Even thought your appointment time will be 8:30 the Judge usually looks over the cases before he sees his first case. That way he knows what is going on.
Hope this helps to calm you a bit!
i am sure it will be a superior court judge. It was a felony for theft that I plead guilty to it for a lesser charge of misdemeanor. The judge was actually amazed that I had a clean record even as a juvenile the first time I seen him when this all started. Asked why after all them years I decided to do something stupid now. Yeah I know the judge is a person, but that person has the power to lock you up :), which I can't afford. I just want this done. I have been a basket case ever since. I don't drive anywhere because I don't want to take the chance of getting pulled over. I know it looks better on you if you turn yourself in. It's just the hardest thing to do. Your basically saying here take my freedom away for however long you feel is just and within the law. I know a lot of people who don't mind jail at all. I on the other hand like my freedom. I know I should of taken care of it before I began the process of enrolling in college but I didn't. I figured the judge would see that I am trying to better myself and not willing to take that away from me. I feel if he did that would be cold hearted. I missed last semester so I had to wait 3 months for winter. Now if If I am incarcerated on the 17th I will at least have to wait until April to start and loose out on this semesters financial aid. I just hope that when I talk to a judge he will put me on his docket that way I see the same judge and not a different one. I actually had a dream last night that I met up with a judge in some lot and we talked at his car. Thing is he told me he had forgotten my case file. I am so consumed with this I am now having dreams over it. In my head I am thinking that I should pick out a female judge and she might be nicer to me but then again who knows.
I thank you again for the advice and taking the time. I just didn't know where to turn to for advice form that didn't charge me money such as a attorney. Though I think it would be good if I had an attorney come with me to court.
Here's my glitch. I live in Chicago. I have a warrant in another state. If I go to a PD in Chicago to get a copy of my police record, what are the odds of them taking me in on the warrant?
The chances are darned good they will arrest you on the spot, they have to, it is their job. Depending on the charge, that is. Then they will transport you to the state you need to be in. This may or may not be charged to you. Your best bet is to call the County in which you were charged. Attempt to get it resolved over the phone. If you make your best attempt to get it taken care of, the Courts MAY have mercy on you. Particularly if you are working in your current State.
Doing it this way is much better than doing nothing, then when your on your way to do something important and getting hauled off to the 'big house' for a broken tail light!
Best of Luck to you! Let me know how it goes!!
You sound experienced. I am surprised you have to pay for staying in jail after you get a bondsman to post your bond? This is a shocker. Can a person refuse to pay it?
Well, I've only had a warrant once, because I made the proper phone calls, I never even had to appear in court. It was for an unpaid bill (owed to the courts from something in 1996 with my son). When you have your stay in jail, yes they can and do charge you. You are taking chances if you don't pay it. It more than likely will be reported to the credit bureau. It is called a booking fee. Generally it is not more than $60 per night.
This article was very helpful, I had no idea about the number of options available once you have a bench warrant. I once had a bench warrant and it was over an unpaid parking ticket. Originally I had planned on fighting it because I got the ticket outside of my own house - but I missed the court date and my only choice was to go to court clerk and admit that I had a bench warrant and I said I wanted to pay it.
I will never let that happen again. My $20 parking ticket turned into $200 after paying all the other fees. Plus I was afraid that they would arrest me the second I walked through the door.
The courts understand that from time to time people forget, dates get misplaced and time just passes by. If your willing to try and work things out, the courts usually are willing to help you do so. They want to clean it off their books too!
I'm so glad you found this helpful!!
Thank you for such an informative article!
You are most welcome, I hope it helped!
I had a ticket for assault and battery by the police when this guy i played in basketball. He told to the officer that i hit him in the face. The officer questioned me and my answer is " I didn't do it". What would i do if the ticket said, i have to go to nearest police station for informal booking required. Please help! This is my first time to be charged and i don't know what to do!
I believe an 'informal booking' is where you would go, be fingerprinted, have your picture taken then a court date will be set. More than likely there will be no bond/bail for this matter. It all depends on your County/State that you live in.
This doesn't sound too bad. You will then have your day in court, the first (again depending on your County) will be where the Judge asks you what you plead. Since you said you did not hit him, that will be 'Not Guilty'. The next time you go to court you may speak to a prosecutor who will either try to get you to plead guilty or a plea of 'no contest' to a lesser charge.
If you have a witness or witnesses you may decide to bring them at this time, just so the Prosecutor knows where you stand. After your meeting with the Prosecutor you will then go in front of the Judge. If you have witnesses they will be allowed in the Courtroom. When your name is called only you will walk toward the microphone, you witnesses will remain seated. The Judge after hearing what the prosecutor says may decide to hear what you have to say and listen to your witnesses. Depending on your County they may decided not to hear it that day and you will have to go back again. Each County is different in their proceedings.
Also remember the 'Burden of Proof' is on the Prosecution. If you didn't do it and you do not want this on your record, you must fight it in court.
Here is what I want you to keep in mind. When you go before a Judge you must show him/her RESPECT, they have earned it. No hats are allowed in the Courtroom. Wear proper fitting clothes, make sure you are groomed properly. This is a place of decorum and formality. You must treat is as such. Proper language is a must, no swearing or use of slang. When asked a question a "Yes Sir or No Sir" should be used. It will go a long way if the Judge sees that you know how to behave properly.
Best of Luck to you!! Let me know how it goes!!
Very good hub. I would add that you should contact a criminal defense lawyer. If you find out that you have a warrant. If you suspect that you have a warrant a good place to start is with a local bail bond company. Most of them will gladly help you find out if you have a warrant because they want to get your business if you do have a warrant.
As a defense attorney, I have phone numbers that are back-line numbers that I use to check for warrants. However most people do not have those numbers. Frequently, people try to call the courthouse to find out if they have a warrant and they get the run around instead of information they need.
Excellent idea!! Mine was a low amount owed, probably cost more in paperwork that the actual money. It's pretty cool that you have numbers to call!!
Thanks so much for your input!
why would they arrest you when you try and renew your drivers license
Generally, State wide offices have computerized information. If there is a warrant for your arrest it will show when your drivers licence number is pulled up on the screen. You may get a nice person who gently inform you of the warrant, or you may get the person who asks you to have a seat while they make that phone call to inform authorities.
I renewed my drivers license in march 2011 with no problems. Then in May, I got pulled over for having expired tags. They weren't really expired I just forgot to put the new one on. The officer took my license and went to check my record. When he came back he told me I had a bench warrant from 2004 and told me that I needed to get it cleared. He gave me my license back and let me go. I wonder why he didn't arrest me, was he in a good mood? I tough it was the officers duty to book me, right?
I have no idea why he didn't arrest you, but yes it is his duty to do so. You are lucky!
Also, I've been pulled over other times and no one mentioned anything about the warrant. I have been to court for moving violations and nothing has come up in my record. I'm going to call the court house and see if I cam resolve this matter. I will keep you guys up to date.
There are also mitigating circumstances as well. If you live in a highly populated area where the jails are full, your bench warrant is for a minor infraction, then the officer may do like he did and tell you to get it taken care of.
Keep us posted on how it goes!!
What do you do if there is a Bench Warranr out on you?
TURN YOURSELF IN!!!!
Sorry I don't have time right now to read your entire Hub - but that jumped out at me.
LOL - yes, well there is that!!
Sweetsusieg-does the warrant stay on your record forever after you turn yourself in or does it eventually go away. If so, how long does it take for that to get off your record?
As far as I can understand, any time you are arrested, regardless of whether the charges are dropped or not, the actual arrest stays on your record forever.
But the warrant itself will be gone from your record. If you get a receipt it would be wise to keep that on your person for several months just in case the clerks are a bit slow at record keeping.
I found out i have a warrent for probation violation. the orriginal charge was for simple battery. what are my options and what should i do first?
Well, more than likely you will need to turn yourself in at your local sheriffs office. You could first call your County Court house to make sure that it is more than just a fine. If it is be prepared to be 'booked' and maybe spend a little time until you can see the Judge. That is about the best that I can tell you at this time..
Nice hub, very informative. Hope to see your new post soon.
I have my hub to feel free to visit.
Thanks - Glad you enjoyed it!!
My mom got a bench warrant sent out for her. She got it because the judge told her to have contact with someone and that person happened to write her a letter and my moms caseworker found the letter in her room. What can she do is there a way that she can get the bench warrant lifted so she doesn't have to go back to jail?
What was the caseworker doing snooping in her room to begin with? Oh well none of my business. Now she has to deal with the bench warrant. She could plead her case with the Judge when she gets into court. Explain that the letter was sent to her, that's about the best I can say. It is all up to the Judge now. If she has followed all the rules with the exception of breaking this one and only one rule, he may have mercy.
She still has to go before the Judge, she can call and explain to the clerk there is a bench warrant, that she needs to set up an appt. to come see the Judge, that is a given. There is no way of getting around that, but if she makes the first move the Judge will see that and believe me he will take that into consideration.
Best of luck to you and your mom!!
I just receiced a letter saying i have a bench warrant in california but i amnow living in texas. Do i need to return to handle this?
Depending on the crime, you may be able to take care of it over the phone. More than likely if it's a monetary reason you can.
hi I got wrrant from the police with no charge ... does that means I have criminal record???
I'm not exactly sure. In order for you to have a warrant there has to be a charge. You might want to call and ask what it is for, explain exactly to the sheriff's office or county clerk's office what the warrant says.
I just found out I have a warrent out for my arrest when the officer pulled my fiancee over, he didn't take me in though why? He set me a court date to speak to the judge what is possibly happen? This ticket is a year old.
More than likely you were very nice and respectful. In some cases they get to use their own judgement on whether or not to take into custody, it all depends on the warrant and what it is for. For a non-violent offense they can do that. If it appears to be something that slipped the mind (such as an unpaid ticket) they will give you a fair warning so you can voluntarily have it taken care of with a gentle reminder. If say in another month you get pulled over and are run again, they will not be so nice.
Thanks for answering back. It's a unpaid traffic ticket. Im more scared of going to court its my fiesta time going to court infront of a judge I don't know what to say or do or even what the judge will do??
Be as honest as possible with the Judge, you may go in front of a Magistrate instead of a Judge, that is fine, they are people too! If you feel better you can write a prepared statement, when it is your turn the Judge will ask you questions, if it make you a bit more comfortable to read it, you can do that as well. Judges do realize that not everyone if the world is a 'criminal'... More than likely he/she will ask what happened, why it didn't get paid etc. If you are honest in your answers (yes, they can tell!) you will (more than likely) receive more lenient treatment. Not to worry, You won't get life in prison for this offense!!
Thank you. I'm more worried about being arrested since I have a newborn plus my bail amout being 5000 dollars!
$5000 for an unpaid traffic ticket? WOW.. I guess the first thing I would do is start making phone calls, to see if you can resolve it over the phone. Such as sending in payments etc. You can explain to them the reason you are calling rather than a walk in, is you have a newborn and hope to be able to resolve it this way. Hope this helps!!
Greetings Sweetsusieg, there was this ticket I got for an open container of four Loco that I never got drink, on the train around 2am on my way to the club a year ago. I missed the court day, but I wasnt sure if they would let something as small, harmless & petty as that go or not. I never had a warrent or any arrest before, none of that, & from what I've been told/ what I've been reading, I feel like I might as well killed somebody because the human judge is god and theres no way out this, unless I turn myself in & Im not doing that cause Im not a criminal. Is there any other choice that doesnt end with me going to jail???
Please remember that I am not a lawyer or a Judge, but I can tell you that ignoring it will only make it worse. You might get by with a phone call, that is a good possibility. I can tell you that when talking to the people at the Court take your charges seriously, in the eyes of the law they are never petty charges. Using words like those you will not get much assistance from the court clerks. They can either be your best friend or your worst enemy, they are the first line of people you must cross through.
The first thing you must do is call the county you got your ticket in, ask if there is a warrant. If they say yes, then ask them how it can be resolved, if at all possible, over the phone. They will assist you from there.
Best of Luck to you!!
Hello nice hub. I have a bench warrant for driving while susspended and possesion and have and have family court tomorrow can I go to clerk of courts and take care of it or will they arrest me in court? Thanks very good advice you should consider lAW SCHOOL
Depending on how nice you are to the clerks they may help you take care of it while you are there. It doesn't sound like a serious charge. Personally because I have never been in handcuffs (and never want to!) I would make a phone call rather than show up in person, I do not know what they are obligated to do.
Law School? LOL Nah... Knowing me I'd take all pro-bono cases and never make a dime, leaving me a bazillion dollars in school loans!! But Thank you!!
Ok so if i miss,a court date for false reporting wat would mosrlikely happen?
I am not sure at all what would happen, one would need to call the court and find out.
I have an active failure to appear warrant in Miami, Fl. issued in 1999 for a misdemeanor battery (silly fight over someone cutting in front of me). I moved to New York in 2000, and now live in Europe(7 years). I visit the Northeast U.S. twice a year and I'm usually stopped for an extra security check and released in 15 minutes. Is this a problem that can be solved over the phone? Do I appear in person or hire an attorney? Any suggestions are greatly appreciated.
I would first try to call myself, with the explanation that you're out of the Country. The fact that you are trying to get it fixed when you don't HAVE to (out of the Country, they most likely would NOT extradite you for an offense such as this) would go a long way with the courts. They may require a letter from you (email is now considered the same as snail mail) which is fine, they may not. It also might be beyond the statute of limitations as well. They may just ask that you pay a fine. Start with a phone call, if that won't work then you may have to hire an Attorney. I hope this helps!!
It does, thank you.
You are most welcome, glad that I could be of service!!
If A Person Has A Bench Warrant But Can't Physically Appear In Court Bcuz They Are In The Hospital...Can They Snd A Family Member On Their Behalf??
Or Are The Courts Not Gonna Wanna See The Family Member Bcuz Itz A Body Warrant And They Want To See The Person Who Was Issued The Warrant??
If you are physically in the hospital, you can call from the hospital to the court clerks. They will postpone your court date until you can appear. It most likely will do no good to send a family member.
Hi, I have unpaid tickets from years ago that I want to get resolved. How do I do this and avoid jail?
How many years ago? And are those tickets in the state you reside?
For most folks they can go to their local DMV (in Some states Secretary of State) find out if there are unpaid tickets. If there are tickets the county in which the tickets were written will come up. Then you can pay those tickets at the county clerks office. If it's too far away, you can give them a call, ask for a 'case' number. You'll want this anyway so when you send in your check or money order you can write in the memo section which 'case' it is for, just an extra precaution so your money goes to your ticket! Clerks are busy humans and mistakes can be made.
If your license was suspended because of unpaid tickets you may also owe a fee to the DMV. In my State its called a 'driver responsibility fee'. There will be a process that goes something like this;
You go to the DMV find out you have tickets, you pay those tickets at the court house, with receipt in hand you go back to the DMV, show them the receipt, then pay their fees. Then you may be permitted to get your license back.
It's a pain in the butt, but it's just the way things are done.
I hope this helps you!!
Hi, Sweetsusieg.
I'm an 18 year from Idaho, where I currently am and I have a question since you've seemed to be helping a lot of people.
In May 2011, I attempted to steal a pair of Apple Ear Buds from a Walmart, aprox. 32$ in value, and got sentenced to 36 hours of community service, and a 30$ court fine, and that if I completed the above said community service, I would have the Petty misdemeanor deferred. (I know that I got lucky on the sentencing. :/ )
I was unable to complete the community service due to work, and living with a near fascist Biological father, by the deadline set for Sept. 27th 2011.
I tried to complete it after I moved out, in October, but my probation officer said it wouldn't make a difference.
Because I didn't complete my community service by the deadline, and I couldn't afford the fine, she couldn't transfer the probation of 6 months to Idaho. Even if I had paid the fee and completed the said hours.
She told me I had to stay in Hawaii until the court date, but because I had been kicked out of my home, I was homeless, and I had already bought a plane ticket to Idaho, which I went ahead and flew anyways, seeing as I had a place to stay.
I'm a smart kid, with a couple mistakes, and I've definitely learned from this, and I worried that this "Bench Warrant" that will/was issued for my not showing up in court, will haunt me forever.
I contacted an attorney here in Idaho, but they informed me that I have to have an attorney in Hawaii.
I know that if I get taken in when I apply for a drivers license or make contact with the police, I will be arrested, and I most likely will not be extradited, seeing as it is a minor offense, and I highly doubt I'm worth that much to them.
Because of that I've been told I could spend a LONG time in jail waiting for Hawaii to decide whether they want me, somewhere around 8 months.
Can you give me any advice?
Oh boy, well since you've already contacted an Attorney and their advice is to contact an Attorney in Hawaii I would think that would be the best advice. You may have to give them permission to act on your behalf.
I am sure that yes, you might spend a long time in jail waiting to hear if Hawaii wants you or not, only to find out they don't.
For now the best thing you can do is get an Attorney in Hawaii to help you out.
I hope it all work out well for you!!
Thanks for your help! :)
You are welcome!!
thanks for the info.i have a quest. though.apparently i missed a court date.i got a letter in the mail from my public defender stating that i have a benchwarrant for my arrest.i called the city police station that the warrant is from and they told me they can not find anything in their computers saying i have a bench warrant.i also called my city police station but unfortunatly they said i have to come in with my i.d.but then the officer on the phone asks "why?,do you think you have a warrant?"its the weekend so obviously i can not call the city clerk.what do you think.
Well since it is Sunday night I would wait until the morning and call the County Clerks office. Generally they seem to have bit more information than the City. You also can call the County Sheriff's office they will run a check for you as well. Once it has gotten to the warrant stage it is usually handed over to the County (Don't quote me, I could be wrong but that might be what has happened).
I would try the County Clerks office first, try to reschedule your Court appt. specifically ask if there is a warrant. If they allow you to reschedule they will also quash (put a stop to it) the warrant.
Best of luck to you!!
I was wondering if you could help me. I got a speeding ticket last May and had a court date in November for it. I wasn't able to make it so I asked for a continuance on it. It was granted but not before the judge issued a bench warrant for me. I tried to call and make arrangements to pay the ticket but the clerk said she couldn't because there was a warrant. Even she seemed confused as to why to case got continued but the warrant was there. She told me I HAVE to come in to court to see the judge. Does this sound right?
Actually yes, that might be the way they do things in your County. It doesn't mean you are going to go to jail. It means the Judge wants to talk to you in person. Generally the Judge will put a halt to the warrant right then and there after you have had your appointment with him/her. They won't do it before because you could possibly just skip out again on it (not saying that you would!!) Be prepared to hand over some, if not all monies that are owed!! The Judge may have you 'turn yourself in' at the Sheriff's office where you are booked etc.. Then allow you to bond yourself out.
But to answer your question, yes it is possible that they do it this way.
a month ago i was pulled over for a missing middle break light,i was given a ticket for maintenence of lights for 54$ howwever i did not pay it so it went up to 65$ i still didnt pay it because i had plenty of other tickets i had to pay before that one. now 45 days later i received a letter stating there is a warrant for my arrest and to turn myself in. i called the court and they said i could post bail and fight the ticket or i could just pay the 89$ but i have to come into court and pay it i cannot pay online. will they lock me up when i go to pay this ticket?
More than likely no, they will not lock you up. they have bigger fish to fry other than unpaid tickets. If you pay the ticket the warrant will go away. Just make sure you keep your receipt showing it has been paid.
When you have unpaid tickets it automatically generates a warrant. It just assures the Court that one day, you will pay the ticket. The longer you wait to pay it the higher it will get. Each year they assess fees on the top of the ticket.
I hope this helps!!
Wondering if anyone would have some advice for me. I need to know who I can call in a specific county that would send me a written verification saying "I don't not have a warrent in such county".
I did have a warrent for unpaid speeding ticket..I just lost my job and went to the assistance office so I could put myself and kids on medical...while i was there the caseworker said that she cannot give me anything until I take care of the warrent...SOOO...thats what I did..I paid them in full so I don't have to worry about it anymore..
Well I have the receipt that it's paid and I don't owe anything...and I take that to the assistance office caseworker...she needs "written verifcation that I do not have a warrent in such county"...the reciept from the court that says it's paid in full is not good enough...
ok, so I call the magistrates office and the lady says that she cannot fax or mail anything like that to me..not sure why, but she can't or she won't...either way, I still need it...
SOO..is there any other official place that I could call or stop in to, that may be able to give me the written verification that I need??
would a police station do it?? maybe clerk of courts??? I'm on a 30 day timelimit for this..and I'm probably already on day 20 or so..
THANKS IN ADVANCE
This is probably a redundant question but did you explain to the Court Clerk why you needed it? Also did you speak to the case workers Supervisor? Sometimes as hard as it is to say they don't use the brains God gave them. Your receipt should be good enough but you may get that one worker who can't read....
Yes, you also can call your County Sheriff's office and ask them to 'run' you for warrants. Explain to them what it is that you need. It may cost you $10 or a small fee. They also may have an online website to get this information that is why I say call rather than drive there.
Hope this helps!!
My husband lives with me in Virginia and his home state is Washington. He found out there is a bench warrant there from ten years ago. It was found to be from supposedly not doing his "community service". He did fulfill that obligation and had eventually moved out of the state. It is to my understanding that all was said and done and he fulfilled all his obligations. I think they set him up for a court day to go over everything to "release" the case. He has been trying to call the prosecuter's office with no such luck to get this resolved. He wants to get this behind him cause he is trying to get his license here to be a massage therapist since he just became certified a few years ago. I had suggested to him to call the judge and see if it can be resolved hopefully over the phone? I feel this would be more favorable seeing that it was ten years ago and he has gotten on with his life by education and settling down and having a family. Am I correct in all this? Thank you for your help. He's sooooo worried that they will be merciless and wreck havoc on his life now that he has a good life ahead of him.
I should have proof read my comment/question. He got certified a FEW months ago not years, lol. And I felt I wasn't clear when I said, "court date". I'm assuming a court date was given to him ten years ago but he had moved and wasn't aware of it. Sorry about that.
More than likely the Prosecutor will send you to the Clerks office, so I would start there. You should be able to resolve it over the phone I am sure. If necessary they may decide he needs to do community service right in your home town. I am sure he probably doesn't still have the paperwork showing it is completed, if he does then that could be faxed to the County Clerk.
Thank you for your reassurance. I've got my fingers crossed. I told him that I inquired about this and I asked more on the situation. He had a public defender (pretender)that told him everything is fine and he didn't have to worry about anything since he satisfied all his requirements. I'm hoping that all can be resolved over the phone. I will let you know what develops. We all could use knowledge on each others experiences! And no, he doesn't have any paperwork showing it was completed. I personally have learned from experience to get as much info as possible and get confirmation in a number of ways. I told him after everything is said and done to get paperwork stating just that!
oh absolutely!! Make sure after he is 'released' from the Courts that he keeps the paperwork on his person for at least 6 months. Just folded up and tucked into his wallet for that 'just in case' time. Sometimes paperwork doesn't get filed properly.
Please do keep me up to date on what happens!! Best of Luck to you both!!
Does that also mean that you can't go get your car tag renewed without it coming up?
No that's not necessarily true - I would think it would depend on the computer system that your State has. For instance, I know that here in Michigan the Michigan State police, Secretary of State and some insurance companies are all connected. So when you get pulled over by the Michigan State police they know whether or not you have insurance.
As far as the DMV or Secretary of State having that full computer connection yet, I cannot be positive. I don't imagine that it will be too long before that is a reality though.
I think I'm in big trouble I got pulled over yesterday the police ran my plates and they said I had a warrant for driving with out a license to my luck they did not impound my car or take me to jail.but told me I had to take care of it call the court to make some kind of arrangement...
Yep - you got a pass. Use it wisely! Make that phone call and get it resolved. The officer may not be so lenient the next time. That means your license was suspended for some reason or another, if it was an unpaid ticket, make arrangements to get it paid. The courts will probably work with you.
Hi, I hope you can help me with this. You've seemed to give out awesome advice. This morning I got a note on my apartment door and it was from a county Sherrif officer and it had my name on it and it said "I have a legal writ for you". What does this mean? Am I going to jail? I just found out about 3 days ago also that I had a warrant for "not appearing- citation-misdemeanor". I am so scared, I had no idea. And I want to turn myself in because I want to fix all of this. I work full time and I've never been in trouble with the law besides now. What should I do? Please help. Thank you!
Is there a 'plaintiff' name on the writ?
A 'writ' is a judicial order, meaning that someone went to court already, you were invited to attend - but may not have gotten the invitation. It could be for a bill that was made in your name, the person 'owed' the money took you to court, as I said you may not have received the invitation so they went ahead without you. You lost, as it was designed for you to do so. Most of the time those papers get lost in the mail and when you don't show up to court the Judge rules in the favor of the one bringing it to court. Look a the paper work to see if you have an 'appeal' time.
I would call the Court about the citation for not appearing to see what needs to be done. The Clerk can help you with this. Remember when calling be as nice as possible to them, they can get you the help you need.
Best of Luck to you!!
I see you know quite a bit and was wondering of u could help me, today I had a warrant finally put out for me been waiting for this since january, I violated my probation and have 45 days suspended and I'm gonna turn myself un Monday night so hopefully I see the jugde Tuesday. I don't know if she'll make me serve my 45 days or if he will give me a bond but I have been peeing clean since I posses dirty once, and my Lil boys first birthday is next Sunday and hoppy she doesn't sentence me my 45 days, could u give me some advice please?!
I'm wondering your thoughts on my situation....I have court on Tuesday in 1 county, for a breached order of protection. I was ill and away for a bit, and my landlord gave me old mail he had picked up for me and there was a letter saying that if i ddin't pay fines i had for a DUI last year by jan 24th a bench warrant would be issued. Can that bench warrant come up in court on tuesday even though its from another county? and if so, does that mean they'll arrest me on the spot and ill have to wait till the other county, which is 4 hours away comes to get me and bring me up there? Can i attempt to pay it or call the clerk monday to explain what happened, that i had lost my job, moved, and wasn't aware of the final due date b/c i wasn't given my mail on time? I've been losing my mind with fear over this. I'm a good person, even the dui was a terrible 1st time ever mistake, and even what i'm going to court over is really silly (my ex got retaliatory and spiteful towards me). I don't know what to do, I have only 1 business day before court, i have a public defender, should I tell her about this, when i last spoke to her, i didnt know about this warrant or due date so i told her i didnt have anything else negative going on, but now i'm scared to heck come tuesday morning! thanks for your thoughts!
@ Tdud - I am not sure in your case what will happen since it involves probation and such. I guess the best thing you can do is be as honest as possible with the Judge and see what happens. Most of the time (I have seen) Judges will not put you in jail for a first time probation violation, I think it all depends on the crowding in the jail. I wish you the best of luck and hope it all turns out well for you.
@ Sarah - I do not think your warrant from another County will come up, usually they don't do a 'search' before Court. I would advise you to tell your Atty though, that was if need be he/she can address it if it comes up. You can always call the Clerk, explain what happened and see what they advise. They may set you up with a future Court date right then (keep in mind they will want your current address!!). It sounds to me like all that the other County wants are fines, if that is the case then they should work with you. But you must call and talk to them. Try not to be scared, I know that is a hard thing to do though!!
I hope it all works out for you!!
My husband got A LOT of fines from a DOT cop in New York state (we live in Pennsylvania.) Apparently the laws had recently changed and we didn't know, anyway... if he doesn't pay the fines and gets a bench warrant will he be OK if he just stays out of New York or can PA police access the information about the warrant if he is pulled over or gets arrested for something else? I was reading over all of these comments and it made sense but I just want to make double sure. The renewing the drivers license thing kinda has me scared. These fines are 1000's of dollars and if all we have to do is not go to New York again I'm all for not paying them.
Tina - I honestly don't know that answer to that question. The Courts are strapped for money due them and they are going to extreme lengths to get it. I have heard that in Michigan they are bringing back 'debtors prisons', meaning when you owe money and can't pay, they put you in jail. This began in 2004, when the economy in Michigan began the downward spiral.
I guess what I would do is start saving money 'just in case'. Just tuck some away in a savings account every week...
That's the best answer I can give right now. I'm sorry. I will try to get with my lawyer friend from NY to ask her the law regarding bench warrants (not to worry, she's a defense atty!!)
That would be GREAT if you ask her! Thank you so much. That's crazy about 'debtors prison' In this day and age I wouldn't put it past them though.
I hope to be able to speak with her tonight, she is a very busy lady so we usually only get to talk on the weekends. Yes, the debtors prison was created AGAIN in 2004 by former Justice Maura Corrigan in an attempt to get Michigan in the black again. But to me it reminds taking from one pocket and putting it into the other, in other words makes no sense. If there is no money to be earned here, how can one possibly pay?
I understand what you are saying, but most of the time it only matters whose pocket the money ends up in last. Thank you so much for your help.
I just turned 18 and I have a bench warrent for not showing up becuse I was 17 at the time and didn't want to go to a detinion center it is a juvenile charge so wut should I do?
I would start by making some phone calls. I'm not sure what your juvenile charges were but the courts still take them seriously.
You truly don't want this hanging around your head for years. Nobody wants to do jail time but sometimes that is all the courts will accept. It's easier to do that now than 10 years from now when your out of college or have a GREAT job that you can't afford to lose. Maybe you'll have begun a family by then and how would your kids feel to have you spend some time in jail?
Bite the bullet, make some phone calls and get it over with. The short time will be much easier now than in the future.
Best of Luck to you!! After you make those phone calls let me know how it went!!
hi so i just turned 18 and was living in washington and got caught stealing something on mothersday i am now 20 and am living in las vegas and went to apply for a job under the impression that my mother had taken care of it for me and that theres was nothing on my record. apparently she pocketed the money and now there is a bench warrant for my arrest that pops up on employment backround checks. i was just wondering the least painful way to make this just go away and what does no contest mean on a backround check...does it have anything to do with the bench warrent and is it changeable?
Well this is not going to make you happy.
When doing a background check any time you are 17 or older if you have committed a crime such as 'retail fraud' it will show up. A young girl I know had this happen to her and she is pretty much prohibited from working at any place that could possibly offer her advancement such as Kmart, Walmart etc... Even though it was not a Felony it is still looked down upon.
Any time you plead 'no contest' it means you neither admit or dispute any charges.
You need to call the County in which you were charged. It is a non jail-able offense so you may be able to handle it over the phone.
You are going to have to ask for a 'case or docket' number (this can be answered by giving your name and birth date, it also helps if you know the date of your arrest). When you send a money order or Cashiers check you will want to include that case number to the money is properly placed.
Give the clerk the best explanation that you are aware of and how you found out that there was a bench warrant. They may be understanding and should be willing to help you. If it is a large amount they might be willing to let you make payments. But when you call be prepared to offer a date that you can make that first payment.
Best of Luck to You!! Let me know how it goes!!
Hi! This was so much help to me and reading the comments helped even more. I was put so much at ease knowing the cops aren't gonna come knocking on my door to take me to jail!
I'm a 20 year old college student, and have never been in trouble with the law until just recently. Two months ago I was pulled over for not having lights above my back license plate of a car that I just bought. My boyfriend had marijuana on him in the car and when the officer ran my license it came up as suspended! It had been suspended previously, due to an unpaid ticket, but I'd paid the ticket and just gotten it reinstated. I was horrified. He let us go and told us that our court paperwork would come in the mail. We actually saw him park in a dark parking lot up the road watching us to see if I was gonna drive, but to be safe, we had a friend pick us up and he and my dad retrieved my car later.
Here's where it gets stupid - my boyfriend's arraignment date was before mine, we got there and he got and extension date so he could screen for a public defender, cool. Then we misplaced my summons (that's the correct word, right?) but I was pretty sure I knew when the date was (Feb17,10:00am). Well, I found it around the afternoon on Feb16 and it said I was supposed to appear THAT DAY at 8:45 in the morning! So I've been freaking out, knowing that there'd be a warrant for my arrest, and expecting the cops to come any day for me. Plus I'm pretty sure that my boyfriend missed his next court date. Scratch that, definitely sure...
However, since I absolutely don't want me or my boyfriend to go to jail, I've been doing research, and found out for sure on court records that there have been bench warrants issued for our arrest. The bail on mine is 1,000 and the bail on my boyfriend's is 2,000, I'm not really sure what that means? Can we pay that to not be arrested?
Now I feel like I'm sounding stupid, but I don't know how any of this works and I just want it taken care of without having to go to jail, cuz I'm a good kid... just forgetful :/
My question is... I found on the district court website "Warrant Information" that says defendants must appear in person at the division court house to sign up for the 10:00 am Tuesday walk-in calendar no later than 1:00 pm Monday. It also says that warrants cannot be taken care of over the phone. I'm guessing if we go there we sign up and the court sees us the next day, but I'm not entirely sure. Am I going to be arrested? Or will that take care of the warrant? Because I also really need to get my license reinstated (I took care of the ticket that was the issue) but I have to go to the DOL in person and I don't want to be arrested.
One more thing. I'm in the process of applying for jobs since I recently quit the one I was at and was offered a really good position that pays really well, which is really what I need while I'm going to school, but they're running a background check before they employ me. I filled out the form on the 22nd of February and still haven't heard back. Will this warrant for failure to appear be on the background check? Will the charge of DWLS3 be? Can it stop me from getting this job?
I found your Hub very helpful. I have to complete Community Service by March 9th but will not make my completion date on time because I was actually in the hospital for almost a month with a bacterial infection. Now originally i was given an extension because due to the plea agreement with my Dui case I had to do 30 days of House arrest and when i tried to get the community service approved with Sentinel they would not approve it because only school and work (my actual job) were the only approved locations the courts allowed me to go. However, when they gave me that extension they told me it would be my only one and then i get this damn infection and it sidelines me for a month. I know I'm going to miss the March 9th date and a bench warrant will be issued but once I complete it should i just go to court anyway and submit my completion papers even though they will be late? My plan is to go to court as soon as my hours are done which will maybe be a week and a couple of days after the March 9th due date. Any advice you could recommend would be awesome. Thank you so much
@ Madi - You need to start making phone calls. Call the County clerks office first. Explain that you missed your court date and 'would it be possible to schedule another one?' The 'bail' amount means if you get picked up by the police that is what it will cost you to get out of jail. By the sign that you 'wrote' I would be under the assumption that you sing in before 1 pm on Monday to get your appointment time. This may be common for that Courthouse and rather than chase everyone down they are attempting to work with people.
As far as the background check for the job, yes it could appear on that. It is quite possible that it could hinder your getting the job, why? Because they won't want to hire you if you could get pulled over at anytime and go to jail therefore missing work.
@ GB - DO NOT MISS YOUR appointment time!!! Even if you haven't completed your Community Service!!! You should have documentation that you were in the hospital, bring that on the 9th. Bring all documentation that you have, any community service papers (signatures that you have) with you to show that you were attempting to get it completed. If you have someone that you are working with for your Community Service, go to them get a schedule showing that you are scheduled to work. So you can show that your hours of service are being documented and planned ahead.
Just missing your court date because you haven't completed the requirements may make the Judge think that you are only doing what you want to when you want to. Explaining at a later date may not help. Make that appointment!! Bring documentation!! Any an all paperwork (Copies are fine) needs to be turned in to the Judge. He will review it, it will show him the respect that even though you haven't been able to complete what was required of you, you still showed up to explain.
Hope this helps!!!
Best of Luck to both of you - let me know how it goes!!
Ok I'm freaking out a little bit. I live in Los Angeles, California and was given 100 hours of community service for driving on a suspended license. I was under the impression my completion date was April 7th, 2012 but to my surprise when I signed up at my volunteer center that my court date was actually today March 7th. This was a honest mistake so i immediately went to court to let them know but was told they don't hear cases from my district today. Only Tuesdays! I'm wondering what i should do now at this point. I'm in the community service program. i actually start it officially on monday and it will be done quickly but this was an honest mistake and i would hate to get in trouble because of that. any advice is welcomed
You went to Court and they turned you away? I would again try via phone to see if you can set up another court date. Explain what happened I am sure that they will work with you on this. They may have sent you the wrong date as well because today is the 7th and is a Wednesday. Don't panic! It should all be able to be fixed without any problem provided you get on it right away!
Best wishes to you!
i wouldn't say they turned me away. at TOrrance court, i was told, that they hear certain cases from different cities on different days. Mine is technically a Hermosa Beach case so they don't hear those until Tuesday. I was told to come back. my concern is i don't want someone knocking on my door between now and then. It was seriously an honest mistake. i wish u could've seen the face i gave to the lady at the volunteer center. haha but even she said just sign up. get it started and try to get another court date so you can at least tell them you got the dates mixed up but you are actively in the program now. I swear this stuff is so stressful. YOu spend all this time trying to do right and then lift gets in the way and sometimes things get mixed up. i just hope to get it resolved
I like this!
So I just recieved a warrant for my arrest on a misdeminor that I committed in Novemeber of 2011. It states on my warrant that failure to comply will result in a immediate arresst either at your residence or at your business address? Is this true? Can the cops really just show up like that for no reason on a bench warrant for a missdeminor?
I think it depends on the type of crime that was committed, if it was a violent crime then that is possible for them to come and pick you up. It also depends on the State in which you live. Each area is different. If it says that on the warrant I would take it seriously.
Hello, it's Madi from earlier!
I just wanted to say thank you again, and that it looks like there's not gonna be any arrests here anytime soon! As it turns out, one of my roommates had a court date for the exact same charge on the exact same day and missed it as well! He said the county district court in which we have to report to is very compliant with bench warrants. He did exactly what I explained earlier and it looks like all I have to do is go sign up for the walk-ins, they'll quash the warrant (quash is the right word, correct?) and when I go in they'll give me a new court date! I feel so relieved, because it was an honest mistake and I really need to get my license back because my 21st is in 22 days!
Oh that's terrific!!! So glad to hear it's going to work out for you. If you have a cell phone make sure you set an alarm for that date!!
Yes, 'quash' is the correct term. Best of luck to you and have a VERY Happy (and safe) 21st birthday!!
Hi I have a bench warrant for theft by deception I didn't show up for a court appointment because my attorney was suppose to contact me when there was a court date but I never head from him I called him atleast 10 times and haven't hears back from him im not sure what to do because I don't want to go to jail my first court date I had they said I could do the ADD program. I looked up mg docket and it said it got moved to the court of common pleas what is that and would I still be able to do theARD program
i just found out that a bad check fine from 10 years ago was never paid. My husband told me he HAD paid it..but he didn't! He said that about 8 or 9 years ago, I did get a notice there was a warrant for me, but he didn't tell me, intending to pay it before i found out..but didn't..then, about 5 years ago he said a notice came saying it was turned over to a collection agency. I only know this now because i have to go to court on a case involving him..and he's afraid +'ll be arrested when I show up...and I have to show up! Will I be arrested? i have to go this court date for him this friday...I'm scared to call anyone for fear of alerting them to something not on their radar..oh! The sheriff came and served me a supboena for this court..but didn't arrest me. What should i do? Will I be arrested Fri? Why didn't the sheriff take me? Will they run my name when i go to court? Help please!! i live in PA if that helps.
It is has been an education reading these comments. I am surprised that so many things that would be treated as purely civil matters would result in arrest and jail in the US. In the UK, no one gets arrested for parking tickets, as it is a civil offence. If you don't pay then you are sued in court for the money and eventually they send the baliffs around. The same with debts. Unless there is mens rae (intent) to deceive, a bounced cheque would never be treated as a criminal matter. Also trespass is a civil matter and it becomes criminal only if you are trespassing with a firearm (armed trespass), introduced to deal with poaching, or are trespassing to interfere with the land owner's lawful activities. It also becomes criminal if the land owner tells you to go and you refuse.
@ amanda - I do not know what the 'court of common pleas' is, I am truly sorry! If you've never been in trouble before and are at court to deal with your warrant I do not believe that you will go to jail. Most first time non-violent crimes are not jail-able offenses (unless they are HUGE crimes) usually fines are issued and at the very most community service will be required and occasionally probation. Talking with the Prosecutor and Judge (as well as everyone in the court) respectfully will get you a long way!!
Best of luck to you! Let me know how it goes!!
@ need help fast - I do not believe that your name will be run as a witness in your husbands case. I also do not believe that you will be arrested.
As soon as your finished at Court, make a phone call (remember they can't arrest you over the phone!!) talk to the County Clerk and ask how it can be resolved. Life is too short to live in fear of being arrested.
Generally the reason for the Bench Warrant is to force you to come and talk to the Judge. If you take the first step, they know you want to resolve this without arrest!
The reason you weren't arrested when the sheriff came is because he was delivering a subpoena, not running your name. The sheriff might get paid a little extra to deliver them (off duty) he still may have on his uniform, but that doesn't mean he is still on duty. Subpoenas can be delivered by Sheriff's or everyday people depending on who the Court wants to deliver them.
Best of Luck to you!! Let me know how it goes!
@ Stephen - What is happening in the US is so many people don't realize they MUST pay the Courts for certain issues. They are in great need of finances so rather than 'hope' those fine are paid, they are beginning to issue warrants for what would seem minor crimes. The Counties and States are going broke, this is the best way they can get people to pay those fines. What most folks don't realize is those fines would be much cheaper if arraignments were made at the time. Once Court costs and fees are assessed it goes much higher.
Thanks for stopping by!
Hello again! Just wanted to let you know that I went and signed up for the warrant walk-ins yesterday and as of today my warrant has been Q-U-A-S-H-E-D. Everyone was super friendly, and it went by super fast. I think the judge could tell it was a simple mistake, because he didn't lecture me like he did the other people. He even told me that when I screen for a public defender I could probably waive my arraignment date! Thanks so much for the help, again.
Also, because I took care of this in a timely manner, I was able to e-mail the paperwork I received to the background check company so they can tell the place I applied it's okay to hire me because there is no longer an active warrant out for me.
I get my license back tomorrow and will have a job again in a couple of days! And I didn't even see a set of handcuffs or a jail cell! Yay!
Now that is an AWESOME outcome!! I'm so glad it all went well for you and I'm glad you came back to tell us about it. Maybe since you went through it and got it all taken care of folks will read your story and do the same.
Thanks again so much for sharing your story!
Hello. I really need your help on this. So I missed my court date and now have a bench warrant now over a ticket I got for driving with suspended license. Right after I got that ticket I went to dmv and paid off all the prior unpaid fines/tickets and received my drivers license back immediately. so now I missed my court date and now im worrief about being arrested. So what do I do now? I do not want to get arrested. Can I go to the court house and try to see if I.can talk to a judge? Is that possible? Because I actually took care of all the tickets and received back my license. Should that show effort in my part? I missed my court date because I had to go out of state and didnt make it back in time. So what do I do now? Please help me!
But of course!! Keep all of your receipts showing what is paid etc. Call the court house to reschedule a court appointment. When you go to court bring everything showing what has been paid. Keep that on you for 6 months (just in case).
Best of luck to you~
Thank you Susie!
I was the primary witness in a court case that I did not attend. The charge was assault. I did not attend the trial. The prosecuter told me the judge will take action if I did not go. I'm worried that i will get a warrant. What will happen to me?
@ Susan h. - You are welcome!
@ Minerva - Honestly, I do not know the answer to that question. I would think it would depend on how the trial turned out. If you were the only witness and the defendant walked and the Prosecution wanted to push the issue you would then be charged with Contempt of Court. Which is essentially thumbing your nose at the Court.
Contempt of Court almost always means jail time. It's punishment for refusing to do as you are told. Look at it this way, if we all refused to do what we were told in Court then there would be complete chaos in our system. So that is why they have these rules.
I know it isn't the answer you are looking for but it's the only one I know.
Susie, I hope you don't mind my helping.
@susan the exact same thing happened to me. Courts are usually pretty compliant when it was a simple mistake, as long as it doesn't keep happening over and over again. Call your court clerk and see if there is any sort of walk-in day that can take care of the warrants. They don't want to arrest you, just as much as you don't want to be arrested, and the fact that you've paid off your ticket and have your license reinstated shows that you're trying to take charge over the situation. I don't know about your state, but in mine, when you're charged with DWLS3 (driving with a license in the third degree, which means you're eligible to get it back, but have tickets - as you've said - holding you back), you can actually go to the court clerk before the arraignment date and show that you've got your license reinstated and they will change the charge to a traffic violation of operating a motor vehicle without valid permit present, with ID, which will just be a fine and NO court appearances at all. However, since you missed your court date, I would call and talk to them and see if there's a walk-in date or if you can speak to the judge, set a new date, and quash the warrant. I was charged with the same thing, and had a bench warrant out for me, and when I told the judge I was going to screen for a public defender, he told me that there is a way to even waive the arraignment date if I talk to the court appointed lawyer before hand!
I've come to learn that DWLS3 is a very common charge, and therefore very easy to deal with if you take all the right steps!
Not a problem Madiseesincolor! Thanks so much for your input.
Susie,
Thank you for responding! I think I might be able to dispute contempt of court. They never sent me an official subpeona. They only talked to me on the phone. Have you ever heard of a disputed charge?
I was wondering. Is there any orginizations that will help pay off court cost. Five years ago I got caught with a joint of marajuana. It was my second offense. I went to rehab and a half way house for a year. Then was on supervised probation for another year. After that unsupervised. I was supposed to be completely off probation now but I didnt end up paying off all of my court cost which is $1942.54 I more or less let it slip my mind and forgot about it. Not relizing it was as serious as it was. Well I found out on the second of March a warrent was issued and they are trying to revoke my probation unless I pay the court cost off in full. I dont know what to do and this is a very difficult time for me financially. I call united way and they said they wont help. Family wont help. And several churchs I called wont either. I dont want to go to jail. Is there anything I can do. Please help!
@ Minerva - Well I think you may have your answer right there!! If you never received an official subpoena (which is a letter from the court, hand delivered via sheriff or other court official) then you were never 'officially invited to court'.. In other words, they have no leg to stand on.
@ Derek - It sounds like you might have run out of options. Since you have tried everything I would have suggested I have no idea where you should turn. You may have to suck it up, have your probation revoked and do some jail time. It happens. I'm sorry but I can't sugar coat the truth. If you have made every effort to pay and still are unable to, they want their 'pound of flesh'... (old time term for justice). In the State of Michigan it is now called 'debtors prisons' - doing jail time for a debt.
Hi, what can happen if you don't show up for jury duty.
Not showing up for jury duty can be a crime and cause for criminal charges pressed against you. If you are a registered voter it is considered your 'civic duty' to come when called. You may be given a second chance to show up for jury duty, if you get it, don't waste it!
I have been a registered voter for many years and have yet to be called upon!
Sweetsusieg i need you help okay so i got a ticket for truency and i fixed my attendence, i missed my first court date, its been almost a year since thT has happen and today i got a letter saying there is a warrant out for my arrest, and that i need to pay it in 10 days. Can i just pay my ticket with out seeing the judge?
Veronica - more than likely if you pay this you will not have to see the Judge. Paying it in full before your scheduled court appearance (if they have set one) will make that date 'go away'. Make certain of this, ask the court clerk before just 'not showing up'.
Okay thanks, and if I can just pay it with out seeing the judge will I be able to pay for it myself or does my guardian have to come in with me to pay it?
Hmm, now that I do not know. I didn't realize you were under age or had a guardian. You can pay it before your court date, but check to make sure that you are free and clear without having to see the Judge. I would think it doesn't really matter who pays just as long as it's paid. Take in the money and go from there.
Need a little advice. There are some conflicting dates for my completion of my community service and fines for driving on a suspended license. It appears the court had March 9th as the date but i was given a slip that said my next court date on the matter was august 8th for progress report. The date clearly written on the slip. I'm a little worried now because there is a warrant out and im concerned that a clerical error could result in something much worse happening. what should i do?
Phone calls!!! I can't say it enough, the telephone can be your best friend at times like these!! Make a call to the County Clerk, if you have access to a fax machine and they also have a fax number, fax the slip of paper that has the August 8th date. Call the clerk, tell them the conflict, fax your proof. Most of the time the Clerks have access to the Judge where you won't and are able to help you. What ever you do - treat the Clerk witht he UTMOST respect!! He/she is going to be your BEST friend in getting this taken care of.
Best of luck to you and let me know how it goes!!
if i have a pending case in wisconsin for felony bail jumping, and i move out of state will the charges go away after time
More than likely - No. And because it is a felony bail jumping, you may not be allowed bond while waiting for your day in court either.
Depending on what the original charges were could make all the difference if it is a passive or aggressive warrant as well.
Also while being on bond and leaving the State could bring Federal charges.
This is really not a can of worms you want to open. Your life will be forever turned upside down and you will be constantly looking over your shoulders. Take care of it now... For your future - that is the best thing you can do.
thanx really not what i wanted to here, but needed to know its for disorderly conduct.i thought maybe it would dissapear....
Yeah - I'm sorry to be the bearer of bad news... But I'd rather you hear the truth before making a mistake.
I have to do fingerprint for my security guard lisence and I have a branch warrant for ticket for about 2 months in las Vegas but all my information is from new York is my fingerprint still going to be find or are they going to find out.
That I am not sure of. I would think it depended on the original charge.
I have a garnishment summons I just got today, it says I have to write a letter, or pay the money or go before a judge. 3 options, it has a court date, but does this mean I have to go, or can I just pay it. It was for a improper driving ticket I forgot to pay
Its dated the 29 but just appeared in my room today, also its been almost a year since this ticket, and I'm wondering why now, and does my employer know about this already? And will I be able to renew my license right away?
It gives no explanation as to why I wasn't notified, if and when it was sent to my employer
Yes if it is a summons for money owed you can just pay it. Take the letter and with the receipt of the payment he/she will clear the docket of your name for that day. There should be no worries.
Well, I want to throw mine in there cuz it's on my mind...
I was arrested in CA last October for felony posession of a controlled substance. I got a diverted entry of judgement, fine, and deferrment drug edu class, but money got tight and I moved in with my mother-in-law, far away from my classes. I ended up terminated for failure to pay fees and missed 2 classes.... but I was told I would get another court date for "motion for judgement" I think... the mail went to my mother in laws house, and I found out this weekend. I called the court today, and they informed me the date was... this morning. I'm waiting for my lawyer to call me back. In the meantime, I wonder: did I just screw my whole case up? No priors.
I would think that since you called immediately and let them know you never received notification, yet are trying to make it right, that things will work out just fine for you.
Hey hub...I just recently went though two interviews for jobs and I got accepted to bot.that's great and all but now I have to go through a background check.just recently last summer I hit a ticket for soliciting while I wad doing a teen job.the company said they would see.if they could pay for it but apparently they never did.will this affect my background check?answer back asap please and thank you
That I am not sure of, it would depend on the ticket, the State that it was issued in and the State that you are getting a job in. Some warrants never leave the County they are issued in and some go statewide.
Ok so I was a month over 18 when I got arrested for a 10$ theft.I was homeless at the time and moved back to my hometown(1,000 miles away) so in missing my court date a bench warrant was issued.about 6 months after I went back and turned myself in.the judge put me on a diversion program very similar to probation monthly payments and check ins.again I was homeless and made just enough to eat and pay the fines.I did this for about 3 months and couldn't do it any longer.so again I moved back to my hometown.I'm 21 years old now and this bench warrant is still haunting me.this is holding my back from being able to reach most if not ALL of my goals.I cannot return to see the judge.I've made phone calls and they tell me I have to turn myself in to speak with the judge...what do I do?any advice?suggestions?anything would be greatly appreciated.
Do you know the name of your Judge? You can write a letter to the Judge, explain your situation in a heartfelt and honest letter. Ask him/her if there is ANY other way to resolve this warrant, that you truly do want to get it taken care of but that you are living so far from where it was issued etc. You will have to explain that struggling finances sent you home where you were safe and staying out of trouble. If you have anyone who can vouch for you, maybe they too can write a letter on your behalf, send it along with your letter. If you have done any community service, make sure proof of that is sent in the letter. If you have current employment, make sure you include that.
Make sure that anything you say can be verifiable and is totally accurate and honest. Judges are not mean people, they do understand that sometimes we have to do what is best for us at that time. More than anything they want honesty from us. If we give it, then they are likely to give us a break when we ask for it.
Best wishes to you and best of luck!!
Hey!I was arrested for the first time last last year over traffic violations,unpaid insurance,expired tag etc...Anyway I spent the night in jail (which was horrible) and when I went to court I was ordered to pay $2500 or spend 5 months in jail.I was able to pay $2000 within a month but due to personal reasons I had to move out the USA,and wasn't able to pay the $500 remaining. I'm about to come back and I believe a bench warrant is issued...I'm scared to be arrested at the airport when I come back.What can I do?send the $500 remaining?or I probably will have to pay more since its been a year ???
If you have an Attorney in the US I would contact him/her first and see what can be done. They can make the phone calls that need to be made and determine if there is a warrant. They can find out how much is owed as well.
Best of luck to you!
Thanks!!
You are welcome!!
This is a great hub, Susie and so informative! I had a misdemeanor charge in another state dating back to early 2010, in which I was put on probation, ordered to pay restitution and ordered to complete community service. I was so thankful for probation, that I glady made payment and completed my community service in less than 6 months (instead of the 2 years they gave me). I mailed all documents to my probation & payment to the probation office in 2010... and two years later (circa 2012) I get a notice in the mail saying I have to appear in court on a "Show Cause Order". The problem is that I am 900 miles away, residing in another state and cannot exactly afford to hop a flight at any moments notice. I also would need to make arrangements to be away from work, as well as get copies of the cancelled checks from over two years ago showing my payment.
I overnighted a request for a new court date 1) so that I could contact my former probation agent to let her know this is some sort of an error, that all of my conditions were met, as well as send her proof and 2) at least give me time to prepare and make arrangements to travel to the state, if I absolutely had to. However, the judge denied the request and I assume it's because it is "probation" case (meaning I've already had a second chance). There is no way I will be able to make the court date and so I am positive a bench warrant will be issued for my arrest. I've also been calling my old probation officer like crazy to see if there is anything she can do but I can't get her on the phone (always goes straight to vmail). I was under the impression this whole thing was done and over but it's still hanging over my head.
HELP! Does anyone know if there is anything else I can do??? I'm afraid that if I get pulled over by a cop or something, they will see a bench warrant in the system and I will get arrested on the spot? Can I get extradited on a misdemeanor??? I'm also a business owner, a single parent to one son and it's sort of just me and him in the world (no family or friends). If I get arrested and extradited, this would be devasting because no one would be able to take care of my son or business? I want to get this settled and I'm 110% positive it's a court error. In the meantime, I don't want a bench warrant hanging over my head until it does.
Does anyone have any experience with something like this? Should I just try and stay in contact with the probation office and courts to work it out, even though the judge may issue a bench warrant. Will they be looking for me in the state I currently live in. This whole thing has me sleepless and constantly nauseated so I'm just looking for advice. Thanks!
You are doing everything I would have suggested. yes, I would say keep trying to contact the probation office, maybe even trying to contact the supervisor.
If you have the same banking institution they might be able to get you copies. If not you may have to contact the bank that you wrote the checks on, go straight to the bank manager on this one. If the branch manager can't help you then you may have to go to someone in corporate. This might be faxed to emailed to you.
I don't see them sending someone 900 miles away to extradite you, but these days you just never know.
I
Need help.!!
What do you need help with Katie?
Im.facing jail time for a dui but im suppose to start collage can I still take my collage course while im in jail
That I am not positive of, you will have to ask those in charge when you get there. From what I understand they do encourage higher education.
Hi I'm completely aware I've got to pay my fine and go to court soon but the only thing keeping me out of handcuffs now isthey don't know my address but I just turned 21 and I need to change adrress and get proof of my age but its just a state id. Ill also be having to go to a different county that has no records on me and when I got in trouble I wasn't sober so they got the wrong spelling of my name from me and wrong last digits of social. So I'm wondering if I can just hurry up and get my state id with my real name and ssn and then after my money sitiuation is better I get a lawyer and fix it all before things get out of hand
Thank you very much!
Well namberki - I guess that would be one way of handling your situation. You have to do what is best for you, and what you can do at this time. Just remember if you don't take care of it, it will catch up with you. I have written another article "Bench Warrants - Why you should take care of them Now", not to scare people but to see how to look forward.
Best of Luck to you!
Andrew - you are very welcome!!
Soo i had a warrent for unpaid ticket in texas, i live in montgomery al, i had a warrant from failure to prove insurance and i guess failure to appear, i got pulled over in montgomery driving my drunk friend home i was the unexpected last minute DD, so i have a court date tomorrow for that, i just recently got pulled over moving my car down the street to my brothers house to get it worked on, went to jail, bonded out. So, what did that bond out cover? my insurance ticket or, just bought time till i get to dispute the insurance ticket AND the driving with suspended license??
Btw the failure to appear and failure to prove insurance was in prattville not montgomery.
Steven - The 'what' should have been written on your bond release paperwork. I would think if it would have been for Texas you would have been taken there. You will have to read your paperwork and see what it says.
Luck to you!!
I got a message on my facebook acct yesterday from a girl that says she works for a bonding company and that i have a bench warrant for my arrest for failure to appear. She also went on to tell me that police can come pick me at my the college I attend and that my college would kick me out! I do not live in the state that the warrant is issued in and havent since 2006. This came to a big surprise to me, cause I do not remember missing a court date. Anyways, I called the court house yesterday and they confirmed I had a warrant. I asked her what is the best way to take care of this, and she proceeded to tell me, I have an attorney and would need to call him. This particular attorney I had hired years ago for a child custody case. I have tried to get in touch with the attorney but havent been able to. Is it possible that they would come pick me up at school? The original charge was for driving on a suspended license in 2004. I remember reinstating my license, but i cant imagine i missed my court date.
I'm beginning to think that any medium is going to be used to find people these days. I am assuming that this is not a friend of yours? It is almost like a phone call. It is very possible that it is a 'wrong' number.
Bench Warrants used to be 'just in case' you were stopped by a police officer. It seems that they are getting a little more aggressive these days.
When you called the court, did they offer you a 'fee' to take care of it? Is it possible to hire a different Attorney? One that is in the area where the warrant is? One would hope that it could be taken care of without having to travel.
Best of Luck to you!
i have a bench warrant for an fta. i want to turn myself in so i could get this pass me. i plan on joining the air force but because of my bench warrant i cant register and leave off to begin my new life. how long would i be in jail if i turned myself in? what should i do?
Hey my boyfriend just got arrested. He has a warrant and i am really scared. Is there anyway that he could get out the same night he is arrested
coolmoedee -The length of your jail stay will depend on the generosity of the Judge and the type of crime that caused your fta in the first place. My best advice is to get it taken care of ASAP, if you don't make the phone calls to best see how it is handled then turning yourself in to the proper authorities is your next step.
Call and find out if there is a bond then take someone with you who can bond you out when you go. Most jails will book you then release you on bond depending on the 'crime'. They will give you or direct you to getting another court appearance - this you MUST keep.
Koro - Generally when being arrested on a warrant there is a bond, it is usually set pretty high to make certain you appear in front of the the Judge. If the arrested person waits until the 'arraignment' time the bond is sometimes lowered, making it more affordable to be released.
But to answer your question, yes. If the bond is paid the person arrested is usually released within a few hours.
what happens if a 18 yr old got stopped and fined a citation for possession of a reefer cig while driving in va..but he forgot about it over 10 years ago?
That I am not sure of, you would have to call the court house or Sheriff's office to ask if there is a warrant.
Please help .. I have a bench warrant for an unpaid ticket . It's the only ticket I've gotten in my life .. As of now I need to travel for work and my lisence expired so I can't use it to fly to Washington dc but will I be arrest if I try to renew my CALIFORNIA I.D at the DMV ??? I know I can't renew my lisence but can I renew my California ID with out being arrested ?
hi, Im out on bond for an A/A w// DW the whole I reason I got it was so unfair and totally pushed of out proportion but that's a different story...anyhow I have been going to all my courts with my lawyer present, well just my last court I was scheduled to show up at 9am I was waiting the whole day and never saw my lawyer or the judge! Well it turns out my lawyer was at a felony hearing and I guess never made it to mine or did after I left! Well the bonds place calls me and says there was an warrant issued but was not active yet? I have already gone to bonds and picked up the reinstatement paper for the judge to sign so I went today to the courts building and after waiting 2 hours my lawyer tells me he couldn't help me with that, I thought he was my lawyer and that was the reason why I was paying him!!! What do I do now I still have the reinstatement papers but today is Friday and can do anything now....PLEASE HELP!
Ale - I am not sure how that will work, I am not from California and each State seems to change all the time. According to a few of my readers this will not happen. But your best bet would be trying to make a few phone calls to get the ticket paid or at least make arrangements to pay it.
gia - That is really odd. On Monday you may have to take yourself down to the court house again, and talk to the Judge's clerk. Usually when an Attorney has another obligation (such as the felony hearing) his staff calls the court house to reschedule his prior engagements (your last court date). If this did not happen, you may want to seek different counsel. I would certainly do a lot of questioning about it, particularly if you ended up with a warrant.
Oh quick question, when you showed up at court did you check in with the bailiff? To let him know you were there? Some folks forget when they have an Attorney that they still should do that for just these purposes. That way the bailiff knows you are there, tells the Judge and when your name is called you go in front of the Judge and can let him know your Attorney isn't there. The Judge then may wait or may have a clerk make a phone call or will just reschedule it.
Remember above all - though you still have and pay for an Attorney it is still your responsibility to make sure things get done. If you have an Attorney who does not or will not explain the procedures to you - you might want to consider getting another one.
Thank you for your info have a great week ! Gooodluck with your situation
Ok last week I was arrested for 2 counts of domestic battery between me, my uncle, and my grandfather. I didnt throw the first hit but I sure as hell threw the last 1. When the cop showed up he talked to me first and after hearing my side of the story he asked if I wanted to press any charges. I said no. As did my uncle and grandfather. Well needless to say I was arrested. The arresting officer put on the paper work probabale couse because my uncle had a cut above his eye, which he didnt, cause I never hit him in the face and he also listed us as a married couple. Well they both went to the prosecuting attorneys office to drop any charges that might have been filed, and clear up the whole situation of me hitting him in the face and cutting his head open. They texted me about 30 mins afterwards and told me all charges against me where dropped and if I had to go to court the only thing that would happen would be for my lawyer to read out for record that all charges where dropped. I got a letter in the mail today saying the PLantiff in my case is the state of west virginia. So I guess that takes me down a whole different road. I was told I faced a 500$ fine, anywhere up to 12 months in jail, or both. Im 19, never been in any kind of trouble, never even been pulled over or gotten a ticket. Whats the chance of me going to jail for a year?
The law states that any time there is a domestic dispute (argument in the home between anyone) the State must be the one to bring charges. For some reason it falls under the battered women category (makes no sense that they don't/can't differentiate). So the people that had an argument can no longer 'drop' charges. BUT... The State still needs them to make their case.
If you have never gotten into trouble before and do not have any type of record I would suggest that you plead NOT guilty and fight the charges. Your chances are slim that you will do the maximum time required by law.
The time you were told ($500 fine and 12 months in jail) are most likely the maximum fines for this charge for a first occurrence in your state. It is also most likely a FELONY and that my friend is something you do not want on your record!! A felony is on your record for a lifetime, some states are now making able to have some felonies expunged after 5 years, but why take the chance!!
Having a Felony on your record WILL cause you all sorts of problems down the road the most obvious one is finding and keeping gainful employment.
Get yourself a good Attorney and fight these charges!! I am certain from what you said that your family did not want this to happen and they will be your biggest asset!
Best of Luck to you!!
I was arrested a couple days ago w a bench warrant. I had been stopped for speeding a month ago and received a ticket that i did not pay attention too for a suspended license. I had been working on this license suspension thing and was told by wa state it was all fixed. So i called wa again and they said it was failure from the 2 states to communicate since i live in idaho. The point is the wa license is fixed i have a current idaho license. I was booked in and my husband paid bail 3 hours later. And i have to go to court tommorow. I am really worried about what is goin to go on. Really hoping that i dont get booked in. SInce i already spend some time a few days ago. not to mention ive heard i should say guilty with the reason being i was worried about calling wa to see why they had not fixed my license. Please any input. Im really worried. and yes this is the only thing now on my record.
I always have to say 'never plead guilty'!!
If the failure to communicate was between 2 states then the paperwork should be available somewhere. When you show up the Judge will realize that you are trying to work this out, I do not foresee any reason to detain you. It can't be fixed if you're locked up.
Get the paperwork for WA as soon as possible (it may be able to be faxed) I'm not sure what time your court is, but if you make your calls early in the am you can have the paperwork in hand when you go to court.
To get the paperwork you are going to have to do the work. If you do not have it when you go to court make sure ALL of your calls are logged on a sheet of paper with the name (and number) of the person you spoke to. You will then have something to show the Judge. That you know your license was fixed, and now are trying to prove it.
Best of luck to you!! Let me know how it goes!!
thank you my court is 8:30 am unfortanetly the paper work has not showed up in the mail. I am going to put the calls and names of people on a list to show the judge. I hope they can see my trials to get this taken care of. Im still confused on the guilty or not part but hopefully i will be able to fill you in on it tommorow. Thank you for the advice much appreciated .!
If they ask you what is your plea "Guilty or not guilty" always say NOT Guilty... You can later change it to guilty if you desire, but you can't go back once you say 'guilty'. I hope that helps explain it a bit better.
I found out I had a bench warrant in md about a traffic case. no dui. No record on my backgroung but im scared. To turn myself because of my kids. What can I do?
susie, i had court today they brought up suspended license which i respectfully told judge has been fixed since last december which he didnt seem to care, they said i could face up to 6 mo in jail and that i could get a court appointed attorny to which they gave to ( no offense to anyone) 15 other people in the room including 9 teenagers w dui's i hardly got a chance to speak and feel that no one really knows the case i have to go back on tuesday. I have not put any one in danger, im not a criminal just stuck backwards in the mud. it is as not guilty and like i said i have to go back on tuesday. I have been booked and bailed out twice since this all started and it has been fixed since december. what to do?
recently found out that state of njj can suspend your license if you oew a fine.. does that mean they have a warrant for my arrest. I was arrested for being in a high dug area, but i lived in the area.. the said there was drugs but wwhen I went to court they said it was wandering.. how can i get myu license in georgia and will i get time for a fine
@ jd - The best thing I can say is to start making phone calls. I understand the fear of being arrested, particularly with children. Is there any way that you can find family members to help take care of the kids just in case there is jail time? If you can do that then I would suggest doing your very best to get it out of the way as soon as possible.
@jlwest - Ok so apparently the Judge had other fish to fry today and didn't want to hear it. So he set you for another day. He probably was the 'arraignment Judge' Some counties works that way. Depending on how busy they were and from the amount of people today it sounded very busy.
You will get the opportunity to speak to a Judge who has the time to listen, it just wasn't today, I'm sorry.
He told you the 'Max' of what you could get if found guilty, not what is the 'norm'. They ALWAYS have to tell you that so you know what you are facing. This is your first offense and as you say it wasn't something that was dangerous.
Get your paperwork in order, make copies for yourself for when you go to court. You will be able to give a copy to the bailiff who will give it to the Judge. You will want to keep a copy right in front of you for reference. You will be able to prove that your license was not under suspension when you were arrested. More than likely the charges will be dismissed. I cannot foresee you doing any jail time.
I am certain that you will get all of your bond money back as well. I do not understand bonding twice though. Make sure that you keep all of your receipts. Make a folder to keep everything in.
@ masont45 - yes, I certainly understand that. That is what happened to me and what prompted this article.
Make some phone calls, find out about paying those fines to get it taken care of. Usually once the fines are paid any charges are dropped. Make sure that you keep all paperwork involved. Once your fines are paid keep the receipts for at the very least 6 months on your possession. For proof should you need it.
Can I still pay the fines even with it all I have is 2 and the sad thing is not even my car I used my daughter grandmothers car to take her to her doctors appointment got stop for a backlight and all this stuff came up and the officer was look tho he said I could have got arrested on the stop but my 8month old save me her Grandma said she was going get everything st8 but I guess she didn't smh but the lady at the court house said you have 2 opinions turn myself in or write a letter and pay the fines
Well it looks as though they've told you your options. I would think paying the fines with a letter to the Judge sounds like your best bet. Once the fines have been assessed there is nothing to do but pay them.
I found out that last September a warrant was issued for me on a bogus check. I was homeless from July to November last year and apparently the courts had sent notice of the check(s) to my old address. How likely is it that the courts will let me pay off the check(s) and fines and not give me jail time? This is my first time to be in any type of trouble other than a couple of traffic tickets years ago. I need to get this taken care of immediately since I am trying to advance my position at work and the advancement requires a background check. Luckily they are only looking for felonies and the warrant is a misdemeanor.
My best advice is take care of the check - first go to the bank and pay the bank back. KEEP that receipt. Then if you wrote it to a store go to the store and pay any outstanding fees they may have. KEEP that receipt. Go to the court house with receipts in hand or call and prepare to send a fax with proof of payments (the receipts). You might want to prepare a letter of sorts to fax in as well so hey know who the receipts are for and can put it on file.
Best of luck to you!!
Thank you again susie u are very helpful and reassuring.
You are very welcome!
I need some advice....I have a warrant for not appearing in court its in another county that I am unable to get to due to the fact that I am 8 months pregnant and I dont have the means to make it to court....I am suppose to be following a court order put in by a judge for visitation for my kids father and I violated the order because I dont have transportation needed to get my kids to and from the area that we are suppose to meet to transfer the kids what do you think I should do besides turn myself in because I dont wanna being in jail pregnant
well I would start by making some phone calls!! Talk to the kids' Dad let him know you are without transportation (I am sure he is aware). Find out if the Court will have him do the transportation.. They may allow it, they may not. Some one needs to give a little in situations like these. I have no idea what the court will say though, but at least it is a place to get started.
Hello I was arrested for my first DUI (in Miami Dade County FL) a year ago this June. I had a good lawyer and he had the charge reduced to Reckless Driving. The judge sentenced me to six months probation, 50 hours of community service, court costs and fines as well as a MADD class and DUI School. I completed and paid everything in full except the DUI school, but kept in touch with probation as instructed and told my PO that I needed just another week to complete the DUI school as I juat got a new job and scheduling conflicts as well as class availability were an ongoing problem. She seemed fine with this but I recieved a letter from the Clerk of Courts in Miami stating that I have violated probation and must appear in court this coming Thursday. I do not have any more money to spend on my attorney. If I appear in court for the violation is there a chance I will be arrested right there? Do I have the option to use a Public Defender? I would REALLY appreciate any advice you could give! I am very worried about going back to jail.
Please keep in mind that I am not an Attorney - but here is my best advice.
Go to the hearing, bring ALL of your paperwork that you have completed. Even the Community service papers that have gotten signed. Bring everything. Bring something that will show your start date of work along with your work schedule. (make sure you have copies of all of these so the Judge gets to keep a copy for the file if he/she wishes) Sometimes they just want to look at it.
If you should need an Attorney yes, I would think you could now use a public defender you will have to ask for one and your start date and pay stubs will be able to verify that you need one.
Since you have come this far in your progress I can't see a Judge putting you in jail, BUT this will probably be your only chance. If he/she tells you that you MUST complete something... then do it. They may accept excuses one time, but no more.
From knowing people who have had to deal with Dade County and their punishments, they seem to take the view that if the accused/guilty party is financially broken they will never commit the crime again.
Best of Luck to you!!
Thank you for the advice! I will let you know how things turned out.
I just received a warrant letter in the mail today. It says I owe $1600 from my dui, which I stopped paying on my payment plan a year ago. The letter stated that it is best that I pay in full before going to Court. Will I still go to jail once I see the judge?
Wow... Well it seems pretty clear what they want from you. I would do my very best to get it paid ASAP. You may want to make a few phone calls to see if you will be allowed to pick up on your payment plan. As far as going to jail when seeing the Judge I would think if you have a VERY GOOD reason for stopping payment it would behoove you to bring proof.
Best of Luck to you!
Thank you very much. Well I think when I called, they told me it had something to do with my weekends, so I'm thinking the community service that needs To be performed that I haven't yet. is there a chance i avoid jail time if I pay half the fine when I go to Court on Monday and just sign up for community service. I have no reason why I stopped payment, I hope the judge gives me a second chance.
Hello Miss Lady Sweetsusieg,thank you for this wonderful hub!!! First and foremost I know you don't have all the answers and I pretty much get the jist,of communicating via phone :) but I'm also very scared. Back in early 2010 I got arrested for my second dui in SD Cali. I did the basic community service required of me. But I never paid the fines which were up to like $3000 or so, and I didn't do the 18 month ridiculous classes to drive again in California. I moved to another state with my husband, now I'm back again. I don't drive, but I did find out I have a $5000 bench warrant. I don't really have a good excuse of not paying it. I just thought it was over excessive; the fines. Now, I'm going through a divorce, and am totally broke. There is no way I can pay $5000 for the bench warrant, or even $500 for bail. What happens now, and if I show up in court, I'm sure I will be most likely arrested. Have you heard of having the fee lowered? Or working off the fee doing community service, or can I just go to jail and serve my time then have the fee cleared up?? How much time do you think I'd have to serve to fullfill $5000 of a bench warrant. And I'm sure I'd get a bill for hanging out in jail too!! Right?? Any suggestions would be appreciated. God bless lady!! :)
The reason for the excessive fines is to discourage repeat offenses, and yes they are excessive. Anything involving dui, owi, ouil. dwi or any other charge involving an unclear brain is going to cost and cost BIG.
I have heard of having part of the fees commuted to community service but that requires the effort of paying the fees as well. The reason they jumped from $3,000 to $5,000 is the interest the accrues and it will continue going up.
If you do not have the money jail time can be exchanged in some cases. I have no idea how long you would do for the $5,000 fines, only a Judge could tell you that.
If you declared yourself indigent the Judge might have mercy on you and not charge you the jail fees. You would certainly have a booking fee (that's a given).
I guess what I would do is find a way to put my stuff in storage, pre-pay for a year (if you have anything of value and just to be safe) before heading to Court. Explain to the Judge you didn't know the ramifications of not paying the fines, being broke and hope he/she shows you some mercy.
I wish you the best! If you can let me know what happens after seeing the Judge!!
I got a knock on my door at 3am one morning and it was a sheriff there to take me to jail for a warrant that wasnt even valid. Long story short I by the grace of God had the right paper work to show it was squashed and he left. But they made no apologies for waking up my kids at 3am and almost costing me my job.
That is the one thing that I will never understand when it comes to Law Enforcement. The only way they are held accountable is if someone gets hurt and there is audio or video recordings of the incident. Other than that, the perception is that they not only uphold the law but are above it as well. Their word is incontestable and they certainly make no apologies for their actions.
I'm not saying they don't have a hard job and I am absolutely certain there are thousands who are wonderful at their jobs. It's the few that make them all look bad. I am so sorry for your experience! Thank goodness you kept your paperwork! When I say to keep it, I say so for very good reason and you are one example of why you should keep any resolved issues or quashed warrant paperwork handy for a good 6 months or more.
Thanks for stopping by!!
To sweetusieg
i was with a freind shopping in 2004 where i walk out with a cosmetic jewelery on my hand, i was arrested because i did not have any ID on me, and i am from a another country, i got bail and went to court, was told to pay a fine of $265 which i did then i went home in few days, years pass and went back for my visa i was told that i have an warrant out for an arrest, now the problem i am having i am in my country my daughter is in the state with my husband and because if this warrant i get the visa to see my family, we already payed like $7000 to lawyers who we think could help us but did nothing for us but just take our money right now its really hard to even get a next lawyer and my child is growing up with me, i really need advise how to make this thing go away i which if someone could really help me to get this bond go away. all these information the system has is all wrong they r saying i went to court three times and the one to make the fourth one i did not show up so thats y there is a warrent that is a lie i only went to court once, i have prove in my jamaican past port to show that none of the dates they have that i went to court is true so i know i can win this case but is to get the right person to do it. please help me
Do you by chance have the receipt for the fine you paid? Was it by check or money order? A paper trail is what you need to find. It is great that you have your passport to show that what is said is a lie.
Never give the original to anyone, always the copy so you can keep the original and have it for your records.
Start by making phone calls to the court, have a pen and paper handy make sure that each person you speak to you write down their names. Ask for the name of the Judge that oversees your case along with the address. Write him/her a letter. If you have receipts for the fines paid along with receipts for the Attorney's you've paid, make and send copies of them along with the letter.
I am sorry that you are having such a bed time of getting this cleared up.
Best of luck to you!!
"The only way they are held accountable is if someone gets hurt and there is audio or video recordings of the incident. Other than that, the perception is that they not only uphold the law but are above it as well. Their word is incontestable and they certainly make no apologies for their actions"
Aren't the police making it even more difficult for citizens to capture photographs or videos of their wrong doing? Many US states have wiretapping laws which the police cynically use to arrest and prosecute anyone who films anything that the police don't like. Except in cases of undercover operations, I cannot see any legitimate reason why a police officer on duty in a public place should object to being filmed. Which makes me think that they have illegitimate reasons to fear being filmed.
You see it is supposed to be 'illegal' to be recorded without someone's permission (in many States) - unless of course you are the police doing the recording. The laws seemed to have changed from protecting the innocent to protecting only those who matters ie; those in 'power'.
The thought used to be 'don't break the law and you won't get into trouble', that is no longer the case. Last year alone the Gov't created over 10,000 new laws that even most 'law upholders' aren't aware of, so the claim that 'ignorance of the law is no excuse' should not be in play.
But of course they have legitimate reasons to fear being recorded!! Many times the laws are being broken by them, those who are sworn to uphold the law! If they can't keep up with the laws, the only natural thing would be to prohibit recordings of possible wrong doings.
My theory is this; If 'they' (the lawmakers in charge) want to put cameras on every street corner to watch what 'we' are doing then it should be perfectly acceptable to 'us' to use any means necessary to make sure they too are following the laws.
because its 8 years since this incident occurs, i dont know where to find the receipts, but i have the receipts for the lawyers i paid already,but i am going to see if i can get the address for the judge and with the letter, just hope this will get me some where.
thanks for your help....ill keep u posted
Denise Handlon Level 8 Commenter 17 months ago
Interesting hub. I'm curious if you've experienced this on a personal level?