Is this normal??

[browncow59]

What is the name of your state? Colorado

My brother Joe was accused of steeling money- about $300. He took a plea bargain, this was his first offense ever. We do not live in the prosecuting county.
However, the court ordered fines and a payment schedule. He paid some of it (only had about $100 left) and suddenly a police officer from that county shows up to our home several towns away and hauls him off to jail.
Is this from a bench warrant?
Is this typical of a county to extradite on a bench warrant?

His bail was placed at $2000.00, and the booking officer metioned strange things to him such as "boy that judge must not like you...setting that bail so high"..."you'll never come up with that money....guess you'll be in here a while"

I found in Criminal Bonding Procedures in Colorado - class 2 Misdemeaner ($100-500), the bail is supposed to be $500.

 

[CdwJava]

When you fail to complete the terms of your sentence, you tend to get a bench warrant. Even if it is not "normal" procedure to go and get an offender with a B/W from a neighboring county, it's certainly lawful to do so.

As for the bail, the courts have a great deal of leeway. It could be that they increased the bail because of the fact he lives in another county and because he already failed to take care of his obligations once. He can always hire an attorney to argue for a bail reduction.

- Carl

 

[JETX]

Is this from a bench warrant?

Probably.. due to a parole or probation revocation due to his failure to comply with the court's order(s).

Is this typical of a county to extradite on a bench warrant?

Typical?? Depends.
Improper or illegal?? Nope.

I found in Criminal Bonding Procedures in Colorado - class 2 Misdemeaner ($100-500), the bail is supposed to be $500.

I doubt that $500 is a valid bail for a post-revocation charge. $2000 seems reasonable considering that he obviously is ignoring the courts order(s).

 

[browncow59]

one more ?

Thank you for the answers.
Does the court normally notify you when they issue a bench warrant?

I was wondering because the address listed on the paperwork is not his current address, and maybe they sent a letter, but he didn't get it??

Thanks again!!

 

[CdwJava]

Thank you for the answers.
Does the court normally notify you when they issue a bench warrant?

I was wondering because the address listed on the paperwork is not his current address, and maybe they sent a letter, but he didn't get it?

That might explain the enhanced bail ... one of the common conditions of probation is that the person is to keep the court advised of their current address and phon number. If they couldn't get a hold of him, it makes it more likely that a warrant will be issued ... and higher bail.

Whether it is common practice to notify someone of a bench warrant, who knows? Some courts might do that for low level cases, others might not. Typically there is no such notification.

- Carl