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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4488
Experience:  Almost 12 years of legal experience, primarily in criminal law
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My husband has a bench warrant out in Columbus, OH for failure

Customer Question

My husband has a bench warrant out in Columbus, OH for failure to be in court for sentencing on his 4th DUI from 2005. We went to pay the fine at the BMV and they said that we could not pay on the account until the warrant was cleared. I went in alone to pay for it. Would they have taken him to jail at that moment if he were there? He was sentenced to 60 days back in 2005, he failed to serve his time and now the case has to be re-opened. The twist to the case was that the judge that was on the case retired not too far back. They allegedly lost the paperwork and said he didn't have to do any time and that they had nothing on him. He even went to turn himself into the jailhouse and the courthouse. They had no record of him to serve time. The case has been dismissed from municipal court and is now in common pleas court. What are our options if we live in Illinois now? any chance the court will give him a lighter sentence than 60 days in county? it would be bad financially...
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 8 years ago.

It is not likely that they would have taken him into custody at the BMV because they would have to have had an officer or a sheriff there to do it. Without them expecting him, it is doubtful that they would have been able to take him in on the warrant.

Since your husband has already been sentenced, it would be nearly impossible for him to get a different sentence at this point. His lawyer would have to file for a modification of sentence, and realistically, since your husband absconded without serving his time, it is highly unlikely that the court is going to give him any kind of break on this. The best he can do is have his attorney negotiate when he turns himself in so that he has some time to get his affairs in order to go serve the time.

Sorry I can't give you better news.
Hammer O'Justice and 2 other Criminal Law Specialists are ready to help you
Customer: replied 8 years ago.
Do you think that the judge and or prosecutor will take into account that he has been on good behavior and has a full time job and reduce the sentence? I know it has already been determined and he DEFINITELY didn't help his case by fleeing from his responsibilities but we have only been married for 1.5 year and this happened way before me and having him out of work for 60 days will make him lose his job and cause A LOT of financial harm. I'm just worried that we will then both suffer. Thanks for your help.
Expert:  Hammer O'Justice replied 8 years ago.
Well, the lawyer can certainly ask, but I think it is highly unlikely, given the fact that the sentence was already imposed and as you said, him fleeing his responsibilities didn't help. So while it could be possible, I think it is very improbable. I'm sure the lawyer will try whatever he can, but it is mostly an uphill battle. The upside is that he might be out in less than 60 days anyway with good time credit.

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