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4ren6
4ren6, Forensics/Criminal Investigation
Category: Criminal Law
Satisfied Customers: 4794
Experience:  Over 20 years of Law Enforcement. Sworn expert witness in Criminal and Civil Law.
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My son missed his court date a year after being found

Customer Question

My son missed his court date a year after being found guilty of a DUI. It was a simple oversight (after a year, he forgot about the date). That was Feb. 4. On Feb. 22, the court sent him a notice of a second court date four days later (Feb. 26). He did not receive the notice until Feb. 27 (they mailed it on a Friday expecting him to appear on a Tuesday with no other notification. He also had moved in November, 2007 and had a forwarding order for his mail). Obviously, he missed the second date. he immediately called the Bail Commissioner to say he just received the notice. They informed him that a warrant for his arrest has been issued and that he must turn himself in to the police and must pay a $1000 fine. He certainly was not trying to avoid his court date. The first miss was an honest mistake. The second was a poorly timed system employed by the court. He is planning to turn himself in on Wednesday (March 5). What recourse does he have to avoid paying the fine?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  4ren6 replied 6 years ago.
Answered via Just Answer Chat.
Expert:  4ren6 replied 6 years ago.
Ma'am/Sir I did attempt to make contact last night but had difficulty on my end. I was not able to see or post to your chat. I attempted to make a post on the main page such as this last night and was unable to. I am sorry for the delay as this was not in my control. Are you still needing assistance. Very sorry for the delay.
Expert:  4ren6 replied 6 years ago.

I am going to go ahead and answer. Do not accept if not satisfied. Again, sorry for the delay as it was out of my control. These fines need to be determine whether they are a result of the original court date and DUI or the missed court Date that is understandable and out of your control.

It would appear this is the fine imposed by his no show for the first date. The court rendered a verdict and fine it would appear for not showing. This needs to be explained but most likely he will be held liable for paying this. Honest mistake or not he did have a valid court date for the dui of which he did not show.

He is subject to arrest at anytime prior to turning himself in. He has an outstanding warrant as you now know. Most likely this is a bench warrant issued by the courts.

If he missed the first date by simple oversight attempt to convince the courts of such. I seriously doubt that they will allow such for the first date and hold him liable for such. Thus the fine.

In regards XXXXX XXXXX second no show. This was not his mistake and you need to take all documents to the courts to show the error in mailing. This may be able to be tossed out.

I strongly suggest due to your states stringent DUI laws to retain council to be with him on surrender to the police. The attorney can better assist in the charges, additional charges and speak with the DA in removing some of the charges and possibly the fine. But again, this appears to be from the courts due to his
"No Show". A serious violation in reality. Thus the warrant for his arrest.

 

Again, do not accept if not satisfied. I am again sorry for the delay last night but it was beyond my control. Please reply if needed. I have an appointment at 10 cst and will be back on around 11:30 cst if I have not heard from you before these times.

Thank you for being patient.

Customer: replied 6 years ago.
Reply to 4ren6's Post: At this point I am pursuing other options locally. Should I need to contact you in order to get some advice, I will send another reply. Thanks anyway. - Customer
Expert:  4ren6 replied 6 years ago.
Your very welcome......I am sorry for the site issues last night. You have a deposit on hold. thanks for being patient and understanding.
Customer: replied 6 years ago.
Reply to 4ren6's Post: Hello - I appreciate you going to the trouble to respond even though I told you I was going to pursue assistance locally, which I did. The local person's advice was right on target and it turned out the $1000 was not a fine, but a bond to assure my son's appearance at his next court date. This is what my friend, a local lawyer who handled my will, told me would happen and that it should be returned to me. That is currently my expectation. I am all set. Again, you responded on your own and it was not necessary. Thanks for going the extra yard but I have no reason to accept your response. Good luck to you. -Customer

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4ren6
4ren6
Criminal Lawyer
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Over 20 years of Law Enforcement. Sworn expert witness in Criminal and Civil Law.