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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33904
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My husband was arrested in Lincoln County Oklahoma bench

Customer Question

My husband was arrested in Lincoln County Oklahoma for a bench warrant issued in Rogers County Oklahoma in 2002 for not finishing his community service. This is the second time he has been arrested for this and Rogers County refused to pick him up the first time. Lincoln County won't release him until he's been there 10 days and no one from Rogers County comes to get him. Is there any way to get him out before the 10 days is up or to get Rogers County to go get him right away so he can see the judge and hopefully buy back his community service. I am disabled and need my husband to be available should I get in distress. I have Asthma, Fibromyalgia, and Scoliosis. I sometimes get severe back spasms and migraines and am unable to even make it to the bathroom by myself. A severe Asthma attack can happen at any time and happens more often due to anxiety. Also if he has to stay the entire time he will lose his job and we just put a down payment on a new mobile home we ordered about 3 weeks ago. We have been
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Your question was:

Is there any way to get him out before the 10 days is up or to get Rogers County to go get him right away(?)

Yes, but you're going to need a lawyer in Rogers County to assist. The lawyer there can file a motion with the court for a bench warrant to have him transported immediately or else the lawyer can file the motion for a bond to be set and then the other jail will release him on the bond. Either of those should work but you have to have a lawyer to do it because the motions have to be filed in the court and there has to be a hearing on them. No one can file the motions or have the hearings except your husband himself or an attorney representing him.

Customer: replied 1 year ago.
We don't have a lawyer nor do I know any and I have no where near the money a lawyer is going to want up front. What kind of lawyer do I need and can I get one appointed by the court to help him and get him out in the same day?
Expert:  Dwayne B. replied 1 year ago.

You want a lawyer that does criminal defense.

You can't get a lawyer appointed to do this stuff or even get one appointed until your husband gets back there. Even if you could you can't get a court appointed attorney to move fast enough to do you any good.

This shouldn't be a terribly expensive thing to hire them to do since it is really just a couple of easy motions.