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Warrant for my arrest because I missed court date

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JustinK1985

Junior Member
What is the name of your state? North Carolina

In February I got a paraphernalia charge. I found out recently that my court date was on the 29th. Reason for missing it is because my court date for my probation was extended until the 29th of June, and when I spoke to my probation officer and she told me that she told me the court date for both charges was continued until the 29th, so I misunderstood her and thought the court date for the paraphernalia charge was continued until the 29th. Well I woke up to a sheriff knocking on my door this morning so now I know there's a warrant out for my arrest. I have Alcohol Drug Education Traffic Safety classes this month that I have already registered and fully paid for, as well as an appointment with my P.O. on the 19th and the aforementioned court date on the 29th. If I go to jail I will miss these classes and will have to pay and register for them and start the whole program all over again, plus it won't look good at all going before the judge at the end of this month. Can someone please offer some legal advice if there is any?
 


seniorjudge

Senior Member
Q: Can someone please offer some legal advice if there is any?

A: Talk to your probation officer and explain the problem you have caused. Let me warn you that in the view of just about any court I am aware of, that missing a court date is the unforgivable sin.
 

gawm

Senior Member
It is much less inconvenient to turn yourself in on your own terms then to be picked up on a traffic stop or something. Get your affairs in order, go out have a really good meal, and the go take care of the warrant.
 

FlyingRon

Senior Member
It is much less inconvenient to turn yourself in on your own terms then to be picked up on a traffic stop or something. Get your affairs in order, go out have a really good meal, and the go take care of the warrant.
Yes, especially if you're stopped somewhere other than the jurisdiction that has the warrant out for you. See the thread about "how many times can they change their mind about extraditing".
 

outonbail

Senior Member
Do you have an attorney or public defender? If so, contact them and have them place you on calender asap. Then show up and explain the situation. Bring in the receipt that shows you have scheduled and paid for the classes you were required to attend.

But if picking up the new (drug related) charge in the same time period that you were supposed to be going to drug classes hasn't already violated the terms of you're probation, I have to believe that missing the court date and having a bench warrant issued for you're arrest should certainly accomplish this.

However, you certainly can't tell the judge that you were confused on the dates you were actually supposed to appear in court and expect him to give you any benefit of the doubt if you're brought in wearing chains. The only chance you have of convincing anyone it was an honest mistake, is if you initiate having yourself placed on the courts calender to resolve the situation. You're still probably looking at spending some time in custody, but not as much as it will be if they have to come and get you.
Have you spoke to you're probation officer over the phone since the police were knocking at you're door? If not, you should make that call asap. Just don't think the probation officer is going to to say anything other than, "I made myself very clear when I spoke to you about the court dates you were required to appear on and it was you're responsibility to be there and be there on time. I just don't think you're taking this whole situation seriously, but I know how to make that change!"

As far as the class you have signed up for, many times there will be a one time leave of absence available which you can request. This is used for emergency purposes when someone knows they will miss a couple of weeks of classes. Check with the agency you have signed up for the class with and see what can be worked out while you're locked up.
 

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