QUESTION

What are my options if I have a bench warrant?

Asked on Dec 24th, 2012 on Criminal Law - Georgia
More details to this question:
I was sick about two months ago and had to stop classes that probation told me I had to go to. Through some mix up, they sent letter to PO saying I was terminated for unexcused absences. My doctor faxed excuses to them for every session missed and PO knew that, had a deferred problem jail term that was left to PO if I ever did. Two days before Iโ€™m supposed to surrender, I get handed the confinement order. I file an appeal, donโ€™t surrender-While the appeal still open he writes the court this letter to the court -He sounded like some spoiled little girl. Appeal dismissed filed a reconsider. While that was still open the PO files a petition to revoke saying I was terminated from the program because of my attitude and I didnโ€™t cooperate. I canโ€™t help but see that the PO is being vindictive because I exercised my rights and knowing in a revocation proceeding. This Bench Warrant would issue, Iโ€™d be in jail anyway until the matter was done and as a probationer I was already at a disability in the matter. Iโ€™d have no access to my files at home to produce the letter or the fax Dr, notes. I canโ€™t get an attorney to take my case soon as the hear SSDI is my only income. Iโ€™ve had to become Joe Proper, looking at the court rules. On the petition EITHER a summons OR a warrant can issue-another rule says you can appear by video but not in prob rev. Here is my idea- because my health has been crap and jail will make it worse and one minute in jail = no SSDI, I will file a Waiver of Appear/Entry of Denial/motion to set revocation hearing date with a motion to quash explaining my health and situation and put oath in motion to appear. This in theory will bounce the initial appear after arrest the arraignment and take me right to the violation hearing. I will stay out of jail be able to keep looking for an attorney and keep my house my health and sanity.
Report Abuse

5 ANSWERS

Michael J. Breczinski
You want to get a note from the doctor and a note from the program that they received the faxes. If the they do not then get a note from the doctor on both your medical issues and the fact he sent the excuses to the program. Then turn your self into the court.
Answered on Jan 09th, 2013 at 7:33 PM

Report Abuse
Driving While Intoxicated Attorney serving Columbus, OH
Partner at Riddell Law LLC
3 Awards
You will need to get that bench warrant lifted by a judge. You may need to speak to an experienced criminal defense attorney to help you with this matter.
Answered on Jan 04th, 2013 at 3:27 PM

Report Abuse
Drug Charges Attorney serving Houston, TX at Cynthia Henley
Update Your Profile
Hire a lawyer and give the lawyer a copy of all your paperwork so he can speak on your behalf.
Answered on Jan 04th, 2013 at 3:21 PM

Report Abuse
Gary Moore
"Like a little girl?" You don't get it. Your probation officer is your jailer, on the street. If you show disrespect, you will regret it. Write the probation officer a letter and you must surrender, NOW, with a lawyer guiding you.
Answered on Jan 04th, 2013 at 2:41 PM

Report Abuse
Hire an attorney to resolve the matter. If you don't you are subject to arrest on the warrant at any time.
Answered on Jan 04th, 2013 at 7:55 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters