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  1. #1
    p.karina1992 is offline Junior Member
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    Dec 2010
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    Palmdale, California
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    Unhappy Bench Warrants while on Probation.

    Palmdale, California.

    I need to know how Bench Warrants work?
    Well let me first explain my situation.

    My boyfriend is 18 years old turning 19 on December 19, 2010. Recently on December 2, 2010 he was pulled over by a Palmdale Sherrif & he had a Bench Warrant & was taken in for that reason. Last year in 2009 he was incarcerated & to my recall he was released during November or December of '09. Since then he was placed on probation. He really hasn't got in any bad trouble with the law. He has only missed a court date, failed a drug test, & hasn't completed his AA meetings. Well that same night of December 2 he was sent from the Palmdale Sherrif Station to court. I don't know what they told him right there & then. After on December 3 they transffered him to Twin Towers County Jail. From there I was informed that he had another court date December 10 at the Lancaster Juvenile Court. I was told to notify his Probation Officer, bring all of his delinquincy papers he was issued as a minor, & that I should advise his mother that she should show up as well. After giving his Probation Officer a quick call she wasn't able to give me all the answers I needed.

    After giving a preview of my situation I wanted to know these following few things:

    1) Since he's on probation will the Bench Warrant violate his probation & in doing so will he have to do time in jail?
    2) What can I do in my hands so he can avoid doing time?
    3) If he is sentenced to do time, what is the longest term he can serve?
    4) Is it possible to just add more time to his probation so he can avoid jail?
    5) If they are asking for his juvenile delinquincy papers & he has his court hearing at a Juvenile Court will his trial be taken as a Juvenile Case?
    6) Does that mean he stands a better chance of being released?

    I thank anyone that reads this for their time. & I really need to be informed about this since I can't afford a Lawyer & I am really scarred that he will do jail time & leave me & his unborn child to fend for ourselves.What is the name of your state (only U.S. law)?
  2. #2
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
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    California
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    27,287
    Quote Originally Posted by p.karina1992 View Post
    Palmdale, California.

    I need to know how Bench Warrants work?
    It is an order issued by a judge commanding law enforcement to arrest the person named on the warrant.

    He really hasn't got in any bad trouble with the law. He has only missed a court date, failed a drug test, & hasn't completed his AA meetings.
    Uh ... okay, no big problems with the law ... he just has not complied with the terms of his probation.

    After giving his Probation Officer a quick call she wasn't able to give me all the answers I needed.
    The probation officer is not required to give you all the information you think you need. And if the information concerns a matter from his juvenile days, they are forbidden to provide you much of any information.

    1) Since he's on probation will the Bench Warrant violate his probation & in doing so will he have to do time in jail?
    It can, and he very well could serve time. When you violate probation the old charge is effectively resurrected and the sentence can be imposed. If he has custody time hanging over his head, he could be incarcerated for that time rather than released. Typically a probationer will serve a little bit of time and be released on probation again. However, given his apparent disregard for the terms of his probation he may not be deemed a good candidate and he may have to go back and serve out his time.

    2) What can I do in my hands so he can avoid doing time?
    About all you can do is help him pay for an attorney. Even then, there's not much the attorney can do. HE failed to follow the terms of his probation ... unless he has an awesome excuse such as being marooned on a desert island, I don't see how an attorney can really save him from his penalty.

    3) If he is sentenced to do time, what is the longest term he can serve?
    That depends on how much time is hanging over him from the original offense.

    4) Is it possible to just add more time to his probation so he can avoid jail?
    Doubtful.

    5) If they are asking for his juvenile delinquincy papers & he has his court hearing at a Juvenile Court will his trial be taken as a Juvenile Case?
    If he was on juvenile probation and that was the case he violated, then it will be a juvenile court matter.

    6) Does that mean he stands a better chance of being released?
    Given his disregard for probation? I suspect hell do more time than he might otherwise. However, with budgets being slashed everywhere, it is a sad fact of life that people with such disregard for the law and their own actions will be released earlier than they should be.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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