Will they issue a bench warrant?

[taysnet]

What is the name of your state? California

My sister is due in court tomorrow morning. The court appearance is to get a Public Defender re-assigned (?) (The atty she was going to use is her friend. He wasn't going to charge her, but ends up he can't take the case 'cause the trial he's working on is taking longer than expected.) Originally she had a PD but dismissed him so her friend could take the case. The case is a 6 year old DUI, of which she didn't finish the classes or pay the restitution in full. I'm not sure what stage they are at as far as proceedings go (prelim?)

Anyway, the point of this post is that she's sicker than a dog and I want to take her to the hospital. She's running a temp of 103 and her blood pressure is sky high. Can I call the Public Defender's office as soon as they open in the morning and tell them she's sick and ask if the original Public Def. could appear for her and get a postponment? She could show proof of being in the hospital at the next court date. Would the court accept this as a reasonable excuse for not being there and NOT issue a bench warrant? Would it help if I also called the court clerk?

Thank you in advance for your time and consideration to this urgent matter.

 

[seniorjudge]

Have your lawyer friend call the court. The "sicker than a dog" story is very lame and pretty old...the judge has heard it thousands of times. BUT, coming from a lawyer, the judge may go for it.

 

[taysnet]

I called the Public Defender AND the Court Clerk early this morning and explained her

predicament. The Judge issued a bench warrant anyway. This afternoon she had to use the Christmas money she had saved for her 2 kids, 7 & 9 years old, and hired an attorney. He's meeting her at the courthouse Monday morning. She'll have the release documents from the hospital with her so she can PROVE to the jerk she was ill. And yes, I know she shouldn't have gotten the DUI in the first place, but good Lord, he COULD HAVE given her a chance to prove where she was.

Not a very merry one around here.

 

[spaedonex]

ca

Let your sister know that at least she still has some options and good sense about her, so she got a dui, the courts will most likely apply the standard penalties. They just want compliance and money to feed the machine. Remind your sister that the night life is delusional hype, whereas the love of three children to their mother is unique, irreplaceable, and stronger and more important than any love she'll ever find elsewhere, appreciate the world she has created with them. If she fails in her life, she'll break all their hearts. She should be able to avoid jail time and she isn't plagued by failure yet. Good luck, I know it sucks sometimes and my advice probable does also, but 'm trying.

 

[taysnet]

thanks for the kind words

the dui was over 6 years ago. she hasn't touched a drop since. Thank God.

 

[seniorjudge]

"...she can PROVE to the jerk..."

The judge is not the jerk here. Examine the situation more closely.

 

[taysnet]

My sincerest apologies.

You're right. The Judge is not a jerk. I'm just being very narrow minded because she's my sister. I just don't understand *why* he ordered the warrant, considering he had full knowledge of her hospitalization. She's had a pretty rough time of it lately, and hey, I'm her little sister. I only want the best for her, my niece and my nephew. I'm sorry about the blinders I have on. I just wish I could have made it a little easier on her. I wish *he* would have, but she's not his sister and that's not his job. If she hadn't screwed up in the first place . . . . . . .

 

[CdwJava]

To be honest, the judge probably didn't buy it.

Sit in on a sentencing hearing some day when a court orders lesser violators to serve short sentences for probation violations, dope, DUI, etc. I would say almost half of the people in the room have some family "tragedy" or "emergency" that keeps them from reporting to the jail at the appointed time and date (usually that evening or the next day).

It is incumbent upon the person missing the hearing to prove that the excuse is valid and not incumbent upon the court to assume the excuse is valid. If that were the case, then nobody would ever get a bench warrant for failing to appear because almost everyone has an excuse ... they just tend not to be valid.

- Carl