Good morning John, I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. You have very limited options here---thought there are options. You can’t argue the failure of service of the court date without going before the court. And you can’t get a hearing date set until you first deal with the warrant, either by paying the bail or by turning yourself in and being jailed until your hearing. It sounds as though you have a perfectly good reason why you didn’t appear, and you merely need to explain that to the judge. Without the return receipt, or the return of the letter to the court, there is no proof that you received the letter You say that you don’t have the extra cash to let go. You do understand that this is just bail---not a forfeited penalty, and you get the money back after you appear in the court. So the money is simply gone for a short period of time. Alternatively, you can hire a bail bond to post the bail for you at a cost of about 10% to you as payment to the bond company. If you ignore the issue, you will eventually be arrested, though it could be for many months or years before that happens as they don’t spend the manpower searching for folks who didn't appear on a basic assault case. But if you are stopped, you will be detained. You won't be able to leave or enter the country with the outstanding warrant either. Finally, if you get a local defense attorney to assist you (though this will cost you a legal fee) it is possible that the attorney can arrange for you to turn yourself in, be booked and immediately be transported to the court for the hearing rather than sit in jail for a couple of days on the warrant before the hearing---which is quite likely, otherwise. I wish I could tell you that there was another way to deal with this---but there simply is not. If you have to, you might consider borrowing the bail money and then appear, the court will issue an order releasing the bail money after the hearing, and you can return it to whomever you borrow it from. Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions. If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction. I wish you the best in your future. Doug
Well I am planning on going to the court today. Unfortunately, bail bond companies don't post JP bonds here in Montgomery county. The reason is the JP courts are very slow to return it. I know the judge cannot put me in jail for the class c but for the failure. What is the max fine and time for it. The cash bond is $300.00. that's not a lot but it is when its going to be missing for 6 month or more it is a bit taxing. the class c comes from a guy who stole a car that the shop I work for had fixed and when I chased him down he and his two sons started assaulting me. I fought back. We all were issued tickets. but then the dad after pushing for charges was charged and indicted for felony theft of services and is currently going to trial on that. I wanted to go to court on this and they say I fail to appear. Why should I have to put my money up when I didn't make the mistake. Who if anyone does a JP and his court staff have to report to for discipline issues.
Hi John, I'm not arguing with you on the fairness of the issue. I agree---it totally sucks. I am just explaining to you how the system works. You didn't make the court date and the judge wants to hear why. The warrant is automatic. Unless you are a career criminal, you are not going to jail for either the FTA or, on the off-chance you are convicted, for the Class C either. The JP staff responds to the JP and to the county for their actions. The JP themselves, report to the State Commission on Judicial Conduct for complaints made against them by the public. If you want to file a formal complaint against the JP, here is the form you will use:
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. Please remember to rate my service to you when our communication is completed. I wish you the best in 2013, Doug
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