Arrested on warrant that I already went to court for.

[baldman42]

I'm in Illinois and was arrested on a warrant that I went to court over in August of last year and thought I had this taken care of. The original warrant was for a debt that I fell behind on. Do I have any recourse? The warrant I was arrested on was for Contempt of Court for not showing up in August when I actually did. Should I have been read my rights before or after my arrest?

 

[JETX]

Q1) "I'm in Illinois and was arrested on a warrant that I went to court over in August of last year and thought I had this taken care of. The original warrant was for a debt that I fell behind on. Do I have any recourse?"
A1) Recourse against who?? The police for enforcing a standing warrant? No. The court for issuing the warrant? No. For you, for assuming that this issue had been 'taken care of'? Yes.

Q2) "The warrant I was arrested on was for Contempt of Court for not showing up in August when I actually did."
A2) Courts don't normally just issue Contempt warrants for the hell of it. I assume from your statement that this was a debt, the warrant was for failure to comply with a subpoena. What are the real facts on this warrant?? Did you show up?? Did you step forward when called?? Did you provide the required information?? How/why did the court find you in contempt??

Q3) "Should I have been read my rights before or after my arrest?"
A3) Too much 'law TV'. The Miranda is only required when you are being questioned. Since this was a standing warrant, the 'notice' is not required.

The value of any advice is contingent on a full disclosure of the relevant facts.

 

[baldman42]

The initial court appearance was for a debt as stated. Did I show up for the court date in August? Yes! I showed up took responsibilty and caught the debt up. I am still making payments on the debt. I did fall 2 payments behind but when I made a payment last month I did inform them that it would be caught up with the paycheck I receive on April 5th. No I'm not trying to get out of this the way you make it sound, Halket. But I have gone 44 years without having had my fingerprints or a mug shot taken. I was told by the arresting officer that the reason I was being arrested was for a warrant from August saying I did not appear which I did. The receipt I have for the bail says I have been charged with Attachment for Contempt.

 

[Vincent Cosent]

attachment for contempt!

Sounds like its for not making your payments as ordered by the court.If you cant make a payment on time then you need to speak to the judge and explain before the payment is due.
And thank halkert for his excellent advice.

 

[JETX]

Though you didn't answer most of the questions I asked, you did 'tell the tale' in the middle of your reply, "I did fall 2 payments behind".

A court order is not like 'normal debt'. It is simply an ORDER by a court that you WILL do something. It isn't voluntary or at your leisure. So, when you missed your FIRST payment, the court (or the creditor... whoever you were making payments to) filed a Motion for Contempt against you. You should then have been notified by the court that the motion was filed and setting a time and date for a hearing. The results of that hearing was an arrest warrant for your not complying with the ORDER of the court.

[Personally, I wish half the courts hearing my motions for contempt would respond like that. Instead, some of them continually give the debtor 'another' 10 days.. over and over.]