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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I received a bench warrant today for failure to appear in court

Customer Question

I received a bench warrant today for failure to appear in court for trespassing, assault, and disorderly conduct. There was a night about two months ago that I remember drinking too much, which ended up in a blackout. I don't know what happened but I do remember dealing with police officers and being interrogated and thrown in the back of a cop car. But they let me go eventually and I don't remember signing a ticket or anything of the sort. I did wake up with a black eye the next morning and remember one of the people i was talking to the night before said that I got sucker punched, or cold clocked. I dont know how reliable that person was as I do not know them. What course of action should I take from this point.. Go in alone and pay my bond, or find myself a lawyer, or a public defender?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.

Hi

 

You will need to surrender to the warrant. You can either have a local defense attorney assist you with that matter to ensure you are released on bond or go it alone. If you go it alone, there is no guarantee that you will be released immediately on bond, as you might have to wait a hearing before the court that issued the warrant.

 

If you go it alone and are detained you will be brought to the court within 48 hours and a bond may be set. At that time, you can plead not guilty to the charges and request a public defender.

 

If you get a private attorney before surrender, they can negotiate with the District Attorney to establish a release upon your surrender.

 

 

Customer: replied 6 years ago.
I was hoping for a little information on how the situation is affected by being blacked out and not remembering signing any ticket or knowing about the court date.. I don't believe i was given any paper documentation of the incident?
Expert:  Samuel II replied 6 years ago.

Hi


Well, that is something you will use as a defense when the time comes. You first, need to deal with the warrant itself. The people who process that surrender will not be interested nor care why you FTA. Only the Court will be interested. So you need to decide which is the best course for you to surrender, as you asked information on, and then you can proceed from there with your defense.

 

If you have no recollection, that does not mean it did not happen. It only means you will need to figure out what the State has on you in the way of evidence and then proceed.

 

 

Customer: replied 6 years ago.
What is the best way to obtain the evidence they have on me
Expert:  Samuel II replied 6 years ago.

Hi

 

You will need to file Pro Se and then request the evidence via Discovery or you can have a public defender do that for you.

 

However, you can only do that once you have surrendered to the bench warrant.

 

 

Customer: replied 6 years ago.
What are the chances a public defender will be appointed to me if I request one?
Expert:  Samuel II replied 6 years ago.

Hi

 

Since there is a possible jail penalty attached to the charges, you are entitled to a PD, as long as you qualify financially.

 

 

Customer: replied 6 years ago.
Thank you, XXXXX XXXXX answered all my questions and i will accept your help. where can i do research to see if i qualify financially for a PD? I am worried i may not.
Expert:  Samuel II replied 6 years ago.

Hi

 

You can go here and fill out the form

 

 

Samuel II and 5 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Thanks
Expert:  Samuel II replied 6 years ago.

Hi

 

You're welcome. Good luck with everything. Thank you for the accept