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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111450
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son had a court date on aug.19th 2015 at 4:45 in

Customer Question

my son had a court date on aug.19th 2015 at 4:45 in Springerville ,Az justice court. Due to his jeep breaking and the area he was no cell connection, he couldn"t get a hold of his attorney or the court to let them know about this issue. The had waited for a while cause he had other cases. My son was doing dv classes he still had two to complete, so thejudge told his attorney he wanted my son to go to jail for two days and the case would be closed. He had to turn himself in by 6:00that evening. There was no way of reaching him so he had no idea what was going on. His dad and i went by his his home which is 36miles from the court to see he was there and wasn't and it wasn't til around eight that night before we found out what happen.. he called the jail they would not take him because he was late. the next day he called his attorney and told him what happen,was told to try the jail again. they refused said, to get another order from the judge. Attorney sent a motion for new order of confinement/court date order (expedited ruling requested) on 8-20-15. The judge never responded to his attorney. we found out from a person that came by my sons house on Oct.1st that he had seen on a web site that there was active warrant isss used in apache county ,Az. I had a P.I. ck it out for me and it was true. Called court had to put a $2500.00 Bond to take care of warrant. Got hold of the attorney,he had showed where he completed the classes the week after the hearing. he had sent this to the judge earlier still waiting for him to reply but didn't He then request a new judge was denied /the fax stated "as there are no new charges defendant was arrested on a rule warrant,motion to enter plea of not guilty and set for pretrial is not applicable. The two counts of FTA motion Were dismissed on 8/19/15. Defendant will need to appear at RVJC onFriday His attorney said that the judge could give time in jail up to 6months and he can't do anything about it even though never let him knowwhat he needed to do and he was not arrested becaused the bond was paid and the classes were done . We are in a very corrupt county, is this this ledgal what has happen and can we do anything? Hope i spelled everything correct. Marilyn
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If your son gets his attorney the proof of his jeep breaking down, such as repair receipts, he actually has legal basis to get the judge's order vacated, but without that proof the attorney is correct that the judge COULD sentence him to 6 months still. However, the attorney is giving you the WORST CASE on this and in all likelihood, if your son provides the proof needed to the court and the attorney argues that he could not surrender as ordered by 6PM because he was absolutely unavailable, the court can dismiss the violation based on the classes being completed and bond paid up. His attorney has a case to argue with the court and if your son gets him the evidence of the circumstances, most judges will at least be considerate of that and not violate him, but again his attorney has to tell you the worst because he cannot predict what the judge will do.