Need help with Bench Warrants and Indictments

[twistedcaboose]

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

I will try my best to condense this. My boyfriend had a court date in June for a citation. He missed it because he was assaulted on May 28th and it resulted in a traumatic brain injury along with several fractures to his jaw and some other injuries. Because of the missed court date they issued a bench warrant on him. I tried several numbers throughout the court system but they ended up directing me to the public defenders office. I was trying to get a new court date or the citation (misdemeanor) dismissed because we didn't know when or if he would recover. She asked for a letter regarding his condition and said she could take it to a judge. I did that but she said it was not official enough since his case manager did not have it on letter head. I had it redone and submitted it again and explained that only so much info could go on the letter because of HIPPA laws. I have since been trying to get through to her without response for almost 3 weeks. Since then now it seems he has been indicted on possession of drugs felony 5 charge dated 5/13/2013! It was filed 9/19/14. There is no arrest date online for it, no court room number, no judge assigned and of course he doesn't even remember that far back or much of anything because of the head injury.

He is now out of the hospital, for two weeks now, and is mobile and can speak but his memory and cognitive skills are ok at best. We are just trying to get a new court date or the warrant gone since he could not get to the court date. He is on a good amount of medication and is still recovering from his injury so him being in jail for any amount of time could possibly put him in danger.

Lastly how can he be charged with a felony of drug possession over a year ago. I he WAS picked up with drugs wouldn't he have been arrested right then? Or is it a fishing trip?

Any help would be greatly appreciated. I have now left voice messages for the public defenders supervisor just so I can get some answers.

Again thank you in advance.

 

[Just Blue]

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

I will try my best to condense this. My boyfriend had a court date in June for a citation. He missed it because he was assaulted on May 28th and it resulted in a traumatic brain injury along with several fractures to his jaw and some other injuries. Because of the missed court date they issued a bench warrant on him. I tried several numbers throughout the court system but they ended up directing me to the public defenders office. I was trying to get a new court date or the citation (misdemeanor) dismissed because we didn't know when or if he would recover. She asked for a letter regarding his condition and said she could take it to a judge. I did that but she said it was not official enough since his case manager did not have it on letter head. I had it redone and submitted it again and explained that only so much info could go on the letter because of HIPPA laws. I have since been trying to get through to her without response for almost 3 weeks. Since then now it seems he has been indicted on possession of drugs felony 5 charge dated 5/13/2013! It was filed 9/19/14. There is no arrest date online for it, no court room number, no judge assigned and of course he doesn't even remember that far back or much of anything because of the head injury.

He is now out of the hospital, for two weeks now, and is mobile and can speak but his memory and cognitive skills are ok at best. We are just trying to get a new court date or the warrant gone since he could not get to the court date. He is on a good amount of medication and is still recovering from his injury so him being in jail for any amount of time could possibly put him in danger.

Lastly how can he be charged with a felony of drug possession over a year ago. I he WAS picked up with drugs wouldn't he have been arrested right then? Or is it a fishing trip?

Any help would be greatly appreciated. I have now left voice messages for the public defenders supervisor just so I can get some answers.

Again thank you in advance.

His next of kin should try to handle this. You, as just a girlfriend, do not have the legal right to even get information from the Doctor. I know you love the guy...But his parents or siblings is his best bet.

 

[Jada_115]

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

I will try my best to condense this. My boyfriend had a court date in June for a citation. He missed it because he was assaulted on May 28th and it resulted in a traumatic brain injury along with several fractures to his jaw and some other injuries. Because of the missed court date they issued a bench warrant on him. I tried several numbers throughout the court system but they ended up directing me to the public defenders office. I was trying to get a new court date or the citation (misdemeanor) dismissed because we didn't know when or if he would recover. She asked for a letter regarding his condition and said she could take it to a judge. I did that but she said it was not official enough since his case manager did not have it on letter head. I had it redone and submitted it again and explained that only so much info could go on the letter because of HIPPA laws. I have since been trying to get through to her without response for almost 3 weeks. Since then now it seems he has been indicted on possession of drugs felony 5 charge dated 5/13/2013! It was filed 9/19/14. There is no arrest date online for it, no court room number, no judge assigned and of course he doesn't even remember that far back or much of anything because of the head injury.

He is now out of the hospital, for two weeks now, and is mobile and can speak but his memory and cognitive skills are ok at best. We are just trying to get a new court date or the warrant gone since he could not get to the court date. He is on a good amount of medication and is still recovering from his injury so him being in jail for any amount of time could possibly put him in danger.

Lastly how can he be charged with a felony of drug possession over a year ago. I he WAS picked up with drugs wouldn't he have been arrested right then? Or is it a fishing trip?

Any help would be greatly appreciated. I have now left voice messages for the public defenders supervisor just so I can get some answers.

Again thank you in advance.

Firstly, stop calling get up and go see whoever you need to see. If this issue is so important to you then be more proactive. Visting the public defender could help but from what I have seen the public defender doesn't get involved until an arrest has been made.

In Ohio, the statute of limitation for a felony is six years, so yes they can bring that charge against him even after a year. Sometimes the report is turned over to the prosecutors who then realize more charges after reading the report they can then present those charges to the grand jury. The drugs will need an official BCI lab test to be able to stand so make sure to check for that.

I would advise you to find an attorney now, there are lots of lawschools in Ohio so try to reach one of the law clinics and see if they will help. If not, then you have to have him turn himself in to get arraigned and try to get bail. You need to find out when arraignments are done in that county court. This is important because you want to turn yourself in so you can get arraigned same day if possible so you could seek bail. Find out what bail is usually set for such an offense and be prepared, take a bondsman with you. In Ohio as well as most states bail is denied if the person is deemed a flight risk or poses a contnuied danger to the community. If someone can speak on his behalf and convince the judge that the reasons he didn't make the court dates were due to his injuries he should be able to walkout.

Do not have him turn himself in on a Friday, probably not on a Thursday as well, because he will probably have to spend the weekend in jail waiting for a judge on Monday.

 

[single317dad]

Your boyfriend's brain injury is not a factor in his guilt or innocence of the charges he's facing. Either he did the things he's accused of, or he didn't. He may not be competent to stand trial depending on the severity of the injury, but that's not something that just gets decided by girlfriends and doctors and public defenders. He's going to need a lawyer. Once he has one, tell him to ask the lawyer how you can help his case.

 

[Ohiogal]

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

I will try my best to condense this. My boyfriend had a court date in June for a citation. He missed it because he was assaulted on May 28th and it resulted in a traumatic brain injury along with several fractures to his jaw and some other injuries. Because of the missed court date they issued a bench warrant on him. I tried several numbers throughout the court system but they ended up directing me to the public defenders office. I was trying to get a new court date or the citation (misdemeanor) dismissed because we didn't know when or if he would recover.

So you were breaking the law by engaging in the unauthorized practice of law. You can't do that. You can't get a new court date or a case dismissed.

She asked for a letter regarding his condition and said she could take it to a judge. I did that but she said it was not official enough since his case manager did not have it on letter head. I had it redone and submitted it again and explained that only so much info could go on the letter because of HIPPA laws. I have since been trying to get through to her without response for almost 3 weeks. Since then now it seems he has been indicted on possession of drugs felony 5 charge dated 5/13/2013! It was filed 9/19/14. There is no arrest date online for it, no court room number, no judge assigned and of course he doesn't even remember that far back or much of anything because of the head injury.

He is now out of the hospital, for two weeks now, and is mobile and can speak but his memory and cognitive skills are ok at best. We are just trying to get a new court date or the warrant gone since he could not get to the court date. He is on a good amount of medication and is still recovering from his injury so him being in jail for any amount of time could possibly put him in danger.

Lastly how can he be charged with a felony of drug possession over a year ago. I he WAS picked up with drugs wouldn't he have been arrested right then? Or is it a fishing trip?

Not necessarily. There could have been an ongoing investigation. YOU need to quit everything that you are doing on this "case" -- hire him counsel. YOU cannot get him a new court date. The warrant will be gone when he turns himself in.

Any help would be greatly appreciated. I have now left voice messages for the public defenders supervisor just so I can get some answers.

Again thank you in advance.

Your boyfriend NEEDs an attorney.

 

[Ohiogal]

His next of kin should try to handle this. You, as just a girlfriend, do not have the legal right to even get information from the Doctor. I know you love the guy...But his parents or siblings is his best bet.

Not unless they are licensed to practice law.

 

[Ohiogal]

Firstly, stop calling get up and go see whoever you need to see. If this issue is so important to you then be more proactive. Visting the public defender could help but from what I have seen the public defender doesn't get involved until an arrest has been made.

In Ohio, the statute of limitation for a felony is six years, so yes they can bring that charge against him even after a year. Sometimes the report is turned over to the prosecutors who then realize more charges after reading the report they can then present those charges to the grand jury. The drugs will need an official BCI lab test to be able to stand so make sure to check for that.

I would advise you to find an attorney now, there are lots of lawschools in Ohio so try to reach one of the law clinics and see if they will help. If not, then you have to have him turn himself in to get arraigned and try to get bail. You need to find out when arraignments are done in that county court. This is important because you want to turn yourself in so you can get arraigned same day if possible so you could seek bail. Find out what bail is usually set for such an offense and be prepared, take a bondsman with you. In Ohio as well as most states bail is denied if the person is deemed a flight risk or poses a contnuied danger to the community. If someone can speak on his behalf and convince the judge that the reasons he didn't make the court dates were due to his injuries he should be able to walkout.

Do not have him turn himself in on a Friday, probably not on a Thursday as well, because he will probably have to spend the weekend in jail waiting for a judge on Monday.

Please don't. Just don't. SHE can't do ANYTHING. Not unless she wants to get in trouble. The public defender is NOT going to talk to her even if they are representing boyfriend.