Best way to handle CT warrant

[DonWan]

I was issued a ticket in 2012 in CT for simple trespass . I moved to another state and forgot about the ticket . Now i find that there is a warrant for my arrest for FTA . What is the best way to handle this ? I have called a dozen Ct defense lawyers but they are all out of my price range . Should i turn myself into the police station early enough to were they can have me go to court the next morning ( hopefully ) ? Or can i go to the clerk and ask for a hearing to discuss the charges ?

 

[PayrollHRGuy]

Unless you want to sit in jail for a couple of days I'd strongly suggest you contact the prosecutor's office and get him to set a hearing date with the court.

 

[DonWan]

Thats a good idea ! Thank you Guy ... I also called the clerks office today and they said i can file a motion to vacate the warrant . Im just not sure how long that takes ..

 

[RJR]

Thats a good idea ! Thank you Guy ... I also called the clerks office today and they said i can file a motion to vacate the warrant . Im just not sure how long that takes ..

Clerk's are not supposed to offer legal advice/opinions, so I would ignore that, unless an attorney supports it and files it for you, or gives you Pro Se advice. Do you even know how to draft such a Motion yourself? Consult a local Attorney.

 

[NeilTheCop]

Look at it objectively. You were cited for trespass, doesn't matter if you are innocent or guilty at this point, just that an accusation had been made. A court date was set so that you could go and tell the judge your side of the story, but you didn't show up. A warrant was issued because of this, telling law enforcement that if you are contacted you are to be arrested and bought before the judge. There is no expiration date for a warrant and to file a motion to vacate means you will have to go to court anyway and explain why you want the motion. Even if the court agrees to vacate the warrant you will still have to deal with the original charge of trespass. Also many states will not renew drivers licenses for anyone with an outstanding warrant.
If an attorney is too expensive as you say, your alternatives are limited to turning yourself in.

 

[DonWan]

Clerk's are not supposed to offer legal advice/opinions, so I would ignore that, unless an attorney supports it and files it for you, or gives you Pro Se advice. Do you even know how to draft such a Motion yourself? Consult a local Attorney.

So i have consulted attorneys but again they are out of my price range . I would not have to draft it myself sir . Its a court document that i would get from the clerks office and fill it out .

 

[DonWan]

Look at it objectively. You were cited for trespass, doesn't matter if you are innocent or guilty at this point, just that an accusation had been made. A court date was set so that you could go and tell the judge your side of the story, but you didn't show up. A warrant was issued because of this, telling law enforcement that if you are contacted you are to be arrested and bought before the judge. There is no expiration date for a warrant and to file a motion to vacate means you will have to go to court anyway and explain why you want the motion. Even if the court agrees to vacate the warrant you will still have to deal with the original charge of trespass. Also many states will not renew drivers licenses for anyone with an outstanding warrant.
If an attorney is too expensive as you say, your alternatives are limited to turning yourself in.

You're absolutely right . If things go well , i can have the warrant vacated , which hopefully nullifies the FTA aaannndd im gonna pay off the infraction ticket before i even file the motion to vacate . I called the central infractions bureau and they stated that the court has my ticket a, which is $92 but costs $60 to re-open . So if i go in front of the judge and explain the situation and all the steps i've taken thus far , i can only pray for leniency .

 

[RJR]

So i have consulted attorneys but again they are out of my price range . I would not have to draft it myself sir . Its a court document that i would get from the clerks office and fill it out .

Oh, I see, a Court online Motion sample, go for it.

 

[HighwayMan]

Thats a good idea ! Thank you Guy ... I also called the clerks office today and they said i can file a motion to vacate the warrant . Im just not sure how long that takes ..

I see no basis for the warrant to be vacated. You need to appear in court and see a judge.

 

[quincy]

It sounds as if your failure to appear at the scheduled hearing on your trespass charge is a second degree offense, a Class A misdemeanor, and subjects you to jail time of up to a year and a $2000 fine.

Here is a link to the law: https://law.justia.com/codes/connecticut/2016/title-53a/chapter-952/section-53a-173/

If you are arrested on the warrant, you will be jailed until a court hearing is scheduled. It will benefit you to have an attorney.

 

[FlyingRon]

Vacating the arrest warrant is distinct from having the charge dismissed.

 

[quincy]

Vacating the arrest warrant is distinct from having the charge dismissed.

Exactly. DonWan now has to answer to two offenses - trespassing and failure to appear.

These charges are not going to go away even if the warrant is vacated. The best he can hope for is that he is not arrested on the warrant before his appearance in court.

 

[HighwayMan]

The best he can hope for is that he is not arrested on the warrant before his appearance in court.

Exactly, and those arrests can occur at the most inopportune times for the defendant.

I've held people on warrants for a few days while trying to contact the originating agency to confirm the validity of the warrant and whether they'll extradite. Holiday weekends can be very long when you're sitting in a jail cell.

 

[quincy]

Exactly, and those arrests can occur at the most inopportune times for the defendant.

I've held people on warrants for a few days while trying to contact the originating agency to confirm the validity of the warrant and whether they'll extradite. Holiday weekends can be very long when you're sitting in a jail cell.

DonWan would be smart to have an attorney assist him with the warrant - or at the very least have an attorney on speed dial, lined up in advance to assist him should he be arrested. Otherwise he might find himself camping out in a jail cell for an extended period of time.

The cost of an attorney can be relative to how much one values their freedom.

 

[InsuranceGuy]

Although criminal law is not my field -- and I am not particularly familiar with the laws and practices in Connecticut -- lawyers often are reluctant to take on what often would be a very limited short task in a criminal matter as experience has taught them that once they appear -- even in the very limited role, for what should be an easy part of the process -- the judge may refuse to allow them to withdraw from the case after the first phase and instead assign the lawyer the duty to continue to represent the defendant until the matter is fully resolved. Thus taking on a 2-3 hour assignment for which you'd pay them can turn into a week's long criminal trial that you don't have the money to pay them for, and they can't get out of.

May I suggest that rather than trying to hire an attorney to appear for you in court -- which could result in the attorney being forced by the judge to represent you fully -- see if you can buy an hour or two of the time of an attorney who is experienced in criminal law who might simply provide general guidance on what alternatives there might be should you wish to represent yourself. Spending a lifetime in hiding, or in fear waiting for that "knock on the door," or being worried about being arrested on a warrant for the old charge if you ever are stopped for a traffic violation, can't be a good way to live.