QUESTION

What do we do if my husband received a DUI, never received information about an arraignment, and now he has a bench warrant fine $750?

Asked on Feb 05th, 2016 on DUI/DWI - Michigan
More details to this question:
My husband received a DUI 12/30/15. I continually called the local police department as directed (for 3 weeks) and they never had any information. I physically went down to the police station and still they had no information 4 weeks later. On 2/2/16 we received a notice for a ticket with no proof of insurance from the local police department that I had been calling. I went to the station to try to resolve the ticket and they tell me he has a bench warrant out for his arrest. They said he has to turn himself in and may face a $750 fine for failure to appear. We have never received any notification. I went back to the police department and they told me that there was no actual arrangement date and that this is how they do things. They just issue a bench warrant. If I would have never went to resolve the ticket, we would have never known that he had a bench warrant. This sound like a way to collect more fines. Is this legal to do this? We do not know what to do next.
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2 ANSWERS

If you check the bond receipt he received when he was released after the OWI arrest, it should inform him to appear at the local district court within 10 days after release to be arraigned. Once released all the paperwork would be sent from police agency to court for adjudication. Police don't have or set arraignment, pretrial or any other court dates. Only the court sets court relate dates. You should be contacting the court where he was arrested. Call the criminal clerk at that court to find out when the judge holds arraignments and show up then ASAP. You should bring about $1000 just in case judge does not want to accept your explanation and requires a new bond. Assume your previous bond was forfeited. You can always ask for old bond to be re-instated if it was forfeited. Simpler approach is to hire a good local criminal attorney & let attorney sort it all out for husband. Good luck.
Answered on Mar 09th, 2016 at 4:56 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Get an attorney now, this is not how the system is designed to work, and the courts deter termite the procedure, not the police.
Answered on Mar 09th, 2016 at 8:38 AM

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