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  1. #1
    GibsonTX is offline Junior Member
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    Arrest Warrant for failure to complete community service for MIC

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

    I got an MIC (Class C Misdemeanor) last December in the county of the college I go to. I've taken care of all of the requirements of my deferred disposition except for the community service, which I am in the process of finishing. Anyways, I went home for the summer already so I am almost 2 1/2 hours away in a different county. I was told I could just fax over the letter certifying completion of CS whenever I had finished it. However, I was told that not completing it in time would result in an issue of a warrant for my arrest. I was just wondering what I should do in the worst case scenario that I can't finish it in time (just waiting on the local non-profit to process my paperwork so that I can knock it all out). At most, it would be a day or two late. I am considering calling the courthouse and explaining my situation and asking for a 1-2 day extension, but I was just wondering if there was any other advice I could get. I tried googling my situation for hours and still haven't found a definite answer. Thanks
    Last edited by GibsonTX; 05-25-2010 at 11:22 PM.
  2. #2
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    you definitely need to contact the court house or the DA.... they probably wont tell you what you should do but maybe you can fish for info.. like do they act the first day or is there an unofficial grace of a few days (they wont be able to change judges order over the phone, that has to be done in court with all parties present)

    On a deferred sentencing the DA will file an OSC for you to show cause why sentence shouldnt be imposed since you did not fulfill your end of the bargain.

    Then, since most courts have you plead guilty before granted deferred sentencing.. you can.. and often are.. summarily sentenced.
  3. #3
    InsaneJane is offline Member
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    So, do what you can to get it faxed on time.
  4. #4
    GibsonTX is offline Junior Member
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    Quote Originally Posted by StevenJ_420Law View Post
    you definitely need to contact the court house or the DA.... they probably wont tell you what you should do but maybe you can fish for info.. like do they act the first day or is there an unofficial grace of a few days (they wont be able to change judges order over the phone, that has to be done in court with all parties present)

    On a deferred sentencing the DA will file an OSC for you to show cause why sentence shouldnt be imposed since you did not fulfill your end of the bargain.

    Then, since most courts have you plead guilty before granted deferred sentencing.. you can.. and often are.. summarily sentenced.

    I got deferred sentencing although I pleaded "no contest", I know that it's similar to "guilty" but not sure if that could have any affect. And if I were to have a warrant out, should I make that 2 1/2 hour drive ASAP or wait until I'm back up there for the fall semester? And when I do show up, would I be detained until the hearing or would I be able to sort it out without being detained?

    Finally, the thing I'm most worried about.. does jail time seem likely or would it be more CS hours and another fine?
  5. #5
    xylene is offline Senior Member
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    I think you need to have an answer for the court as to why you failed to complete the CS on time and as to why it is down to the wire now.

    Did yopu have a lawyer? This would be someone real good to talk to, ideally before the deadline passes.

    The court is not at all likely to be going to do anything for you over the phone.
  6. #6
    GibsonTX is offline Junior Member
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    Quote Originally Posted by xylene View Post
    I think you need to have an answer for the court as to why you failed to complete the CS on time and as to why it is down to the wire now.

    Did yopu have a lawyer? This would be someone real good to talk to, ideally before the deadline passes.

    The court is not at all likely to be going to do anything for you over the phone.

    I actually just called them, and was told I could write a letter to the judge asking for an extension. Apparently he gets a lot of mail so it could take a while before he reads it, and until he does, it postpones any punishments related to incomplete requirements for my ticket. So I already faxed the letter over and plan on finishing my CS as soon as possible so that when he reads the letter, he will see that I already completed my CS. And then it will be up to his discretion whether or not to impose any more punishments or fines. Thank you all for the advice though
  7. #7
    xylene is offline Senior Member
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    Quote Originally Posted by GibsonTX View Post
    I actually just called them, and was told I could write a letter to the judge asking for an extension.
    Validating my statement that a phone call will do nothing.

    Beware of what you are told - its worth the paper it is printed on.

    the judge will want answers to

    Quote Originally Posted by xylene
    an answer for the court as to why you failed to complete the CS on time and as to why it is down to the wire now
    Good luck, and I hope it goes well.

    It's my 'job' to give fair warning Failing to complete a sentence is serious business. You should contact your lawyer.

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