Help with a legal Problem!

[gabtgurl]

What is the name of your state? FLORIDA

A friend of mine was due to appear in court (Contempt of court for not paying child support) back in April and requested to appear telephonically as he has a number of health problems (also WHY he hasn't paid support/not working because of it!). the request was granted but he was unable to call in for the hearing on that morning due to his health issues (he was unonscious at the time he needed to call in!!). His girlfriend called the court that morning to explain that he was "incapacitated" and they said that would be fine.

A week or so later the Sheriifs Office turned up at his door with a Bench warrant for his arrest for failure to appear!!! He was not at his house at the time so wasn't picked up and still hasn't.

He has a printed phone record of the call made to the court so can prove that his GF DID call on that day at the pre requested time.

What can he do?

the local Legal Aid Service says they cannot help as it is a CRIMINAL matter, and the Public Defenders office will not help as they say they can only defned him if one of their attorneys is ASSIGNED to him by a Judge!

He has very limited means due to not working and is desperate for help....

 

[seniorjudge]

What is the name of your state? FLORIDA

A friend of mine was due to appear in court (Contempt of court for not paying child support) back in April and requested to appear telephonically as he has a number of health problems (also WHY he hasn't paid support/not working because of it!). the request was granted but he was unable to call in for the hearing on that morning due to his health issues (he was unonscious at the time he needed to call in!!). His girlfriend called the court that morning to explain that he was "incapacitated" and they said that would be fine.

A week or so later the Sheriifs Office turned up at his door with a Bench warrant for his arrest for failure to appear!!! He was not at his house at the time so wasn't picked up and still hasn't.

He has a printed phone record of the call made to the court so can prove that his GF DID call on that day at the pre requested time.

What can he do?

the local Legal Aid Service says they cannot help as it is a CRIMINAL matter, and the Public Defenders office will not help as they say they can only defned him if one of their attorneys is ASSIGNED to him by a Judge!

He has very limited means due to not working and is desperate for help....

Q: What can he do?

A: You need to surrender.

 

[gabtgurl]

he has NO other options?

Q: What can he do?

A: You need to surrender.

 

[CALIFPROLAW1]

My response:

Why is it that it's always the "friend" who writes to us? We have more posts written by "friends" than that of the actual people who are involved in the situations!

IAAL

 

[gabtgurl]

Does it make **ANY** difference?

My response:

Why is it that it's always the "friend" who writes to us? We have more posts written by "friends" than that of the actual people who are involved in the situations!

IAAL

 

[CdwJava]

he has NO other options?

He can hire an attorney ... but he doesn't have the money to do that, you say. So, to get an attorney to handle the matter he will need to surrender. If he has a verifiable and outstanding medical condition, they are not likely to hold him in custody for long as the local sheriff's department is not going to want to pay for his medical care.

Warrants do not go away. They must either be served or recalled. To be served, he will need to be arrested. To be recalled, he would need to have an attorney. It MAY be possible to be issued a new court date, but when the warrant is for a failure to appear, they usually require bail or an appearance before a citation can be issued.

- Carl

 

[gabtgurl]

would it be better for him to surrender himself in the County he is in now or go to the county where the Bench Warrant was issued?

Q: What can he do?

A: You need to surrender.

 

[MoneyShot]

Hold on... he couldn't appear in court due to some mysterious disability, was unconscious when he was supposed to call in, and was "out" when the Sheriff showed up? Something doesn't sound right here and I'd suspect the court may feel the same about it. If he was well enough to go out then why couldn't he appear?

 

[gabtgurl]

there was a week between the hearing date and the Sheriffs Office showing up As I said in my original post " a week or so later the Sheriifs Office turned up at his door ".

Hold on... he couldn't appear in court due to some mysterious disability, was unconscious when he was supposed to call in, and was "out" when the Sheriff showed up? Something doesn't sound right here and I'd suspect the court may feel the same about it. If he was well enough to go out then why couldn't he appear?

 

[Kane]

He should turn himself in in the county where the warrant was issued.

Otherwise he'll have to sit and wait in the local jail to be transported.

If he has a documented medical condition that keeps him from working, and no other income, he may be able to obtain some sort of relief. But generally the only defense to child support is paying it.