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AttorneyCook
AttorneyCook, Lawyer
Category: Criminal Law
Satisfied Customers: 40
Experience:  Attorney Cook has represented several clients in criminal jury trials, as a Managing Partner of a defense firm.
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My husband was arrested on a warrant for not paying his fines

Resolved Question:

My husband was arrested on a warrant for not paying his fines but there is no bond listed. how can he request a court date to speak w/a judge so he can request a bond? he has been there a week, and they said he doesnt' get to see a judge, just has to serve his time. Arapahoe county, colorado
Submitted: 1 year ago.
Category: Criminal Law
Expert:  AttorneyCook replied 1 year ago.
Hi, I am sorry for your situation. Can you tell me whether he was arrested for not paying fines on a traffic violation or for a more serious crime? If so, what crime was he originally charged with?
Customer: replied 1 year ago.

He says it was for a DUI

Customer: replied 1 year ago.

He says it was for a DUI. they are telling him he doesn't have a court date he is just serving his time. His paperwork, only lists "various charges"

Expert:  AttorneyCook replied 1 year ago.
This answer states in summary: He had a right to see a judge very quickly when he was originally arrested for the DUI. He is now being revoked for probation, and does not have the right to see a judge as quickly for failing to pay fines. Instead, he must hire a lawyer to approach the judge regarding getting a bond set).

Longer Explanation:
Your husband had fines after he was charged with a DUI, as part of his probation conditions.
If he did not pay the fines, or complete other requirements associated with the DUI, then a warrant was issued to arrest him, and hold him in jail until his revocation hearing occurs. The revocation hearing will occur for the purpose of determining whether he has violated his probation. He has a right to a revocation hearing before he can be sentenced to jail, and he has a right to see a judge in this regard as well. The only way the court can cause him to wait in jail this long (a week or more) is if he already has a pending court setting regarding the fines. I would call the court where his original dui case was and give the clerk his name and birthday and ask if there are any pending court settings for him. The setting could be a month out. If the setting exists and he wishes the setting to be sooner, he should hire a criminal defense firm, such as this one that will approach the court and ask for a sooner setting. Or, in the alternative, the attorney can approach the court and ask for a bond hearing. It will be very difficult to get a setting that is needed in this circumstance without a lawyer. When you call the clerk, you could ask whether a lawyer has been appointed to his revocation hearing. If so, this would be a good contact to call. Though appointed lawyers do not often ask for sooner settings, it is certainly possible that the lawyer would do this if asked directly.

I wish there was a way for you to easily to this without the help of a lawyer. The only possibilty would be for him to file his own Motion to Set Bond with the Court where he was sentenced. An example of this sort of document is here.
AttorneyCook, Lawyer
Category: Criminal Law
Satisfied Customers: 40
Experience: Attorney Cook has represented several clients in criminal jury trials, as a Managing Partner of a defense firm.
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