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bench warrant

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redfeathers

Junior Member
What is the name of your state? California

Hi, my brother found out he as bench warrant out for his arrest. He was originally charged with a felony for vehicle theft for keeping a rental car past its due dute, which was later dropped to a misdemeanor as part of a plea bargain (which he plead guilty to). He was given community service as part of his probation, but failed to finish it as he moved back home (Texas) after he got out of the military.

He wants to get this resolved (no use running from it) but what exactly can he expect? Should he go to the court with a lawyer to turn himself in? And is it likely he could get his probation reinstated? This is the first time he has ever been in any kind of trouble. Any advice/answers would be greatly appreciated. I just want to make sure he has all his playing cards in hand.
 


justalayman

Senior Member
I would suggest engaging an attorney that practices in the state involved to try to negotiate a catch and release, I mean arrest and release situation where bro would turn himself in, be booked and released right away.

Not always a possibility but an attorney would be his best bet for success.

Other than that, he needs to walk into the police station and say "here I am" and deal with the situation.

an attorney may be able to negotiate an acceptable situation for both the courts and bro that does not include long term incarceration but since he did skip out on the chance they did give him, don;t be upset if they are not overly willing to be easy on him this time around.
 

CourtClerk

Senior Member
Did your brother have an attorney? If so, have him call his attorney.

If not, have your brother go to the courthouse that issued the bench warrant (not the police station) first thing in the morning and see if they can arrange for them to recall the warrant and put him on calendar. If he requires the services of a public defender, the court will assign him one. Sometimes it is possible to arrange to reinstate his probation, however, if he is living in Texas now, you're asking for a lot. He may be looking at arranging for a surrender date.
 

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