Adult son blindsided by arrest on surprise no-bail warrant

[hummingbird44]

What is the name of your state (only U.S. law)? California

My son - in his 20's - just got pulled over tonight for speeding and subsequently arrested for a no-bail warrant. I don't know many of the specifics yet, only that it ties back to a wet-reckless driving case from several years ago. All I can tell you about THAT case is that he legitimately thought he did everything he was supposed to -- attending drug/alcohol courses every week (in fact he only has one left), paying fines, not driving with a drop of alcohol in him while on probation, and whatever other remedies the court handed down.

Fast forward to tonight: I truly don't think he knows just where he screwed up -- yet anyway. Did he miss a court date? Did he not pay a certain fine? I don't know what else it could have been. In any event, he will supposedly be stuck in there until Tuesday when I presume the judge will be available. My question: is it possible that he get outta there and this NOT be THAT big of an issue...?? Like, does being arrested on a warrant ALWAYS totally exacerbate the situation or might it perhaps be remedied by a fine or whatever he SHOULD have done that got the warrant issued in the first place? I am worried about the judge bringing the hammer down and having him serve extended jail time or lose his license or something awful like that.

Don't get me wrong, I do realize this is on him and he alone is responsible, but he is a good kid and he was trying to make it right by the court. It's an oversight of sorts, and even though it is his responsibility, he's not a thug trying to scam the system or get out of anything. That whole wet-reckless case was a horrible experience for him. I just don't know anything about these warrants and am trying to calm my mind by researching.

 

[quincy]

What is the name of your state (only U.S. law)? California

My son - in his 20's - just got pulled over tonight for speeding and subsequently arrested for a no-bail warrant. I don't know many of the specifics yet, only that it ties back to a wet-reckless driving case from several years ago. All I can tell you about THAT case is that he legitimately thought he did everything he was supposed to -- attending drug/alcohol courses every week (in fact he only has one left), paying fines, not driving with a drop of alcohol in him while on probation, and whatever other remedies the court handed down.

Fast forward to tonight: I truly don't think he knows just where he screwed up -- yet anyway. Did he miss a court date? Did he not pay a certain fine? I don't know what else it could have been. In any event, he will supposedly be stuck in there until Tuesday when I presume the judge will be available. My question: is it possible that he get outta there and this NOT be THAT big of an issue...?? Like, does being arrested on a warrant ALWAYS totally exacerbate the situation or might it perhaps be remedied by a fine or whatever he SHOULD have done that got the warrant issued in the first place? I am worried about the judge bringing the hammer down and having him serve extended jail time or lose his license or something awful like that.

Don't get me wrong, I do realize this is on him and he alone is responsible, but he is a good kid and he was trying to make it right by the court. It's an oversight of sorts, and even though it is his responsibility, he's not a thug trying to scam the system or get out of anything. That whole wet-reckless case was a horrible experience for him. I just don't know anything about these warrants and am trying to calm my mind by researching.

Was your son ever officially released from probation by the court on his earlier offense?

 

[hummingbird44]

Was your son ever officially released from probation by the court on his earlier offense?

Well he is still on probation actually. I don't all the terms or for how many years he is on probation, just that he is still on.

 

[quincy]

Well he is still on probation actually. I don't all the terms or for how many years he is on probation, just that he is still on.

My guess then (and it is only a guess) is that your son violated one of the terms of his probation and that is the reason for the warrant. Speeding would violate probation conditions, for instance. No federal, state or local law can be violated without risk of a revocation of the probation.

Just curious: Do you think your son's "speeding ticket" might have had an alcohol component to it that your son might have failed to mention to you?

It seems to me that "several years" is a long time to be on probation for a wet-reckless driving offense ... but his (and your) best source of information will be his probation officer. And a probation violation would not necessarily mean that your son is doomed and his current probation would be revoked. Facts matter.

If probation is revoked, it is possible your son's original sentence on the wet reckless will be imposed and, of course, he has to deal with the warrant and the speeding ticket. It would probably be of great benefit to your son to speak to an attorney in his area.

Good luck.

 

[hummingbird44]

Something just dawned on me...

OKAY... I just remembered having a discussion with him a long time ago about him having to complete some hours of work project as part of the terms of his probation. I'm not sure if that's what it's called -- where they have to pick up garbage along the roadside, things like that. Anyway, I believe he had to have hours completed by a certain date. I was telling him he needs to contact his public defender or the court to figure out how and where to take care of that... not get behind it. I then recall something about him having a discussion with his public defender and I think he was somehow under the impression that he'd done everything he needed to do. This was over a year ago so I'm a little hazy on the specifics of conversation. His girlfriend tonight told me he thought he'd taken care of everything.

SO... IF this is the case and he did not complete the work hours then what do you think will happen when he gets in front of that judge? I believe he thought he either didn't have to (based on something his attorney said) or he forgot all about it, but he did NOT intentionally not do the hours. I mean logically why would he do all this other stuff only to fail on doing the hours. I truly hope the judge can see where it was not intentional, but do you think he might just have to do those hours and be done with it?

 

[quincy]

...
SO... IF this is the case and he did not complete the work hours then what do you think will happen when he gets in front of that judge? I believe he thought he either didn't have to (based on something his attorney said) or he forgot all about it, but he did NOT intentionally not do the hours. I mean logically why would he do all this other stuff only to fail on doing the hours. I truly hope the judge can see where it was not intentional, but do you think he might just have to do those hours and be done with it?

If your son had a warrant issued for a failure to complete terms of his probation as ordered (e.g., completing the community service hours for his wet reckless probation) and he turned himself in, that would make me think the probation officer would ask the judge to be lenient. But because your son received a ticket for speeding (another violation of probation) which resulted in his arrest on the warrant, this changes the picture somewhat.

I honestly don't know what the outcome will be. The probation officer and/or the attorney your son hires/has appointed by the court will be able to clarify the situation for him and will be able to give your son a good idea of what he can expect.

I wish I could provide you with positives here, humingbird44, because I suspect that is what you are looking for ... but I just don't know enough about your son's history to give you reassurances that all will be okay.

 

[LdiJ]

OKAY... I just remembered having a discussion with him a long time ago about him having to complete some hours of work project as part of the terms of his probation. I'm not sure if that's what it's called -- where they have to pick up garbage along the roadside, things like that. Anyway, I believe he had to have hours completed by a certain date. I was telling him he needs to contact his public defender or the court to figure out how and where to take care of that... not get behind it. I then recall something about him having a discussion with his public defender and I think he was somehow under the impression that he'd done everything he needed to do. This was over a year ago so I'm a little hazy on the specifics of conversation. His girlfriend tonight told me he thought he'd taken care of everything.

SO... IF this is the case and he did not complete the work hours then what do you think will happen when he gets in front of that judge? I believe he thought he either didn't have to (based on something his attorney said) or he forgot all about it, but he did NOT intentionally not do the hours. I mean logically why would he do all this other stuff only to fail on doing the hours. I truly hope the judge can see where it was not intentional, but do you think he might just have to do those hours and be done with it?

What you are talking about is called "community service". If he was sentenced to do some specific hours of community service and did not do them by the deadline then yes, that would be a probation violation and would result in a warrant for his arrest.

If he did community service and thought that he had covered everything but there was a discrepancy then he might just have to do those hours and be done with it. If he blew it off entirely then who knows?

Your son needs an attorney.

 

[hummingbird44]

...But because your son received a ticket for speeding (another violation of probation) which resulted in his arrest on the warrant, this changes the picture somewhat.

I honestly don't know what the outcome will be. The probation officer and/or the attorney your son hires/has appointed by the court will be able to clarify the situation for him and will be able to give your son a good idea of what he can expect.

I wish I could provide you with positives here, humingbird44, because I suspect that is what you are looking for ... but I just don't know enough about your son's history to give you reassurances that all will be okay.

Regarding the bolded above, a speeding ticket is not a violation of his probation I'm pretty sure. If it were then they would have said "you are under arrest for violating your probation by speeding" not "you have a no-bail warrant" ...right? Alcohol in his system would be a violation though, however he did not drink tonight.

Yes -- community service -- that was the term was looking for. I do think this is the reason for the warrant. I believe he thought he was cleared or he flat out forgot (I doubt that would happen though since he is reminded of this incident weekly while he attends classes). I guess he will find out soon enough.

 

[hummingbird44]

My guess then (and it is only a guess) is that your son violated one of the terms of his probation and that is the reason for the warrant. Speeding would violate probation conditions, for instance. No federal, state or local law can be violated without risk of a revocation of the probation.

Just curious: Do you think your son's "speeding ticket" might have had an alcohol component to it that your son might have failed to mention to you?

It seems to me that "several years" is a long time to be on probation for a wet-reckless driving offense ... but his (and your) best source of information will be his probation officer. And a probation violation would not necessarily mean that your son is doomed and his current probation would be revoked. Facts matter.

If probation is revoked, it is possible your son's original sentence on the wet reckless will be imposed and, of course, he has to deal with the warrant and the speeding ticket. It would probably be of great benefit to your son to speak to an attorney in his area.

Good luck.

Sorry, I responded to these backwards. No, I don't think alcohol was a component. I spoke with his girlfriend who says he had nothing to drink. He has been diligent about Ubering or getting DD's any time he goes out.

 

[quincy]

Regarding the bolded above, a speeding ticket is not a violation of his probation I'm pretty sure. If it were then they would have said "you are under arrest for violating your probation by speeding" not "you have a no-bail warrant" ...right?

Yes -- community service -- that was the term was looking for. I do think this is the reason for the warrant. I believe he thought he was cleared or he flat out forgot (I doubt that would happen though since he is reminded of this incident weekly while he attends classes). I guess he will find out soon enough.

A standard condition for probation is that the probationer not violate any additional federal, state or local laws. Speeding is a violation of the law and, therefore, a violation of the terms of standard probation.

Because he was arrested on a warrant, however, this indicates that he violated an additional term of his probation as well. What the warrant is for exactly, though, is a question mark. A failure to complete or report for court-ordered community service could be a good guess.

You are right that he will find out soon enough. Good luck.

 

[hummingbird44]

Finally I could pull him up on the jail in-custody list.

His charge: 4024.2(c):

"(C) Performance of graffiti cleanup for local governmental entities, including participation in a graffiti abatement program as defined in subdivision (f) of Section 594, as approved by the sheriff or other official in charge of the correctional facilities."

...as I thought.

 

[quincy]

Finally I could pull him up on the jail in-custody list.

His charge: 4024.2(c):

"(C) Performance of graffiti cleanup for local governmental entities, including participation in a graffiti abatement program as defined in subdivision (f) of Section 594, as approved by the sheriff or other official in charge of the correctional facilities."

...as I thought.

Thanks for providing the update. It is possible that your son will just have to complete the community service hours he failed to complete earlier. His probationary period might be extended so he can accomplish this, rather than his probation revoked and his original wet-reckless sentence imposed by the court.

Good luck to him. He will want to speak to an attorney in his area.

 

[Ohiogal]

What is the name of your state (only U.S. law)? California

My son - in his 20's - just got pulled over tonight for speeding and subsequently arrested for a no-bail warrant. I don't know many of the specifics yet, only that it ties back to a wet-reckless driving case from several years ago. All I can tell you about THAT case is that he legitimately thought he did everything he was supposed to -- attending drug/alcohol courses every week (in fact he only has one left), paying fines, not driving with a drop of alcohol in him while on probation, and whatever other remedies the court handed down.

Fast forward to tonight: I truly don't think he knows just where he screwed up -- yet anyway. Did he miss a court date? Did he not pay a certain fine? I don't know what else it could have been. In any event, he will supposedly be stuck in there until Tuesday when I presume the judge will be available. My question: is it possible that he get outta there and this NOT be THAT big of an issue...?? Like, does being arrested on a warrant ALWAYS totally exacerbate the situation or might it perhaps be remedied by a fine or whatever he SHOULD have done that got the warrant issued in the first place? I am worried about the judge bringing the hammer down and having him serve extended jail time or lose his license or something awful like that.

Don't get me wrong, I do realize this is on him and he alone is responsible, but he is a good kid and he was trying to make it right by the court. It's an oversight of sorts, and even though it is his responsibility, he's not a thug trying to scam the system or get out of anything. That whole wet-reckless case was a horrible experience for him. I just don't know anything about these warrants and am trying to calm my mind by researching.

If it has been several years and he has ONE class left, he didn't do what he was supposed to do. He dawdled. THAT is not appropriate. You need to let your baby boy grow up and deal with his stupidity.

 

[quincy]

What is the name of your state (only U.S. law)? California

... Don't get me wrong, I do realize this is on him and he alone is responsible, but ... am trying to calm my mind by researching.

OG, it doesn't sound to me that hummingbird44 is trying to have her son avoid taking responsibility for his actions (see quote from original post above). It appears, instead, that hummingbird44 is simply trying to understand her son's situation better.

 

[hummingbird44]

Around 2pm they told him he had still owed one day of community service and because he'd now served one day in jail, it's considered "time served" and he was free to go. And with that they released him. All that for one day? Seems so extreme. He claims that he was completely unaware of owing any more time, that with the wet-reckless he'd spent 4 days in jail and he thought that was all he owed.

He still isn't sure if he even received a speeding ticket. He did not sign anything and wasn't released with a copy of such ticket. With regards to the warrant, I think he needs to get something in writing showing he is cleared, a release of some sort. I also think he needs to find out about that speeding ticket. I presume he could accomplish both these things by contacting the court?