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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 02-20-2005, 10:53 AM
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Misdemeanor Bench Wrrnt - surrender now or later?


What is the name of your state?I live in Orange County, CA.

I was given a ticket August, 2004 for driving with a suspended license (I had a speeding ticket, moved, didn't pay it and my license was suspended without my being aware).

I went to court in November, 2004, pled guilty was given a fine and put on a payment plan. I lost my job the next month and called in to see if I could make a partial payment - was told that I either had to pay in full or make the full payment. I couldn't.

I was stopped by a Sherrif last Friday, February 18 and was told that I had a misdemeanor bench warrant for $15,000.00! He was nice and had pity on me (I'm a single mom and the sole supporter of two kids) and told me I need to take care of this right away.

I called the courthouse and asked what I could do - they said I need to see the judge. I asked if I would be thrown in jail or could I pay some or all of my original fine - the lady I spoke to said she couldn't tell me.


I want to take care of this - but I don't want to go to jail. I have never, ever been arrested before and don't want anything on my record. I have two kids and I can't believe that I've gotten myself in this situation.

Should I just go to court on Tuesday February 22 with $500.00 and throw myself on the mercy of the judge or should I wait until I have the full $1100.00 and then do it?

What are the chances that I'll be taken to jail if I go to court?

Please give me some advice - I really don't know what to do...

Thank you
  #2  
Old 02-20-2005, 11:48 AM
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The state would rather have you pay the fine than toss you in jail. However, if you are stopped again you may not get so lucky as to not go to jail. Why you weren't arrested, I don't know ... a warrant is a command by a judge to take you in to custody, so if you weren't arrested I can only think that it was at night and Orange County currently doesn't want bench warrants served at night to avoid jail costs.

Additionally, any car you drive can be impounded for 30 days due to the suepnded license.

You need to arrange for that new court date. And you should contact an attorney to be safe.

- Carl
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A Nor Cal Cop Sergeant

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....author unknown
  #3  
Old 02-20-2005, 11:54 AM
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Yes go to court, I have never heard of any one being let go on a warrant. You are very lucky, this is what I call a secound chance. You don't want to go to jail, its not a fun place to be. Go to court
  #4  
Old 02-20-2005, 12:21 PM
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[quote=CdwJava]Why you weren't arrested, I don't know ... a warrant is a command by a judge to take you in to custody, so if you weren't arrested I can only think that it was at night and Orange County currently doesn't want bench warrants served at night to avoid jail costs.

It was actually in the morning, on my way to my new job. The sherrif told me that it's not the sherrif's job to throw single mom's in jail... I really think the god's must have been smiling on me. Plus, he saw that I had my license back.

[quote=CdwJava]Additionally, any car you drive can be impounded for 30 days due to the suepnded license.

I actually have my license back. Before I had gone to court I had paid the original ticket. My license is okay.

[quote=CdwJava]You need to arrange for that new court date. And you should contact an attorney to be safe.

I really don't have the money for an attorney. I can either pay for an attorney, barely - or pay my fine. Do you think if I show up to court with $500.00 and ask to be put back on a payment plan, the judge would let me or will he throw me in jail for not having the full payment?
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