Case is closed - bench warrant stays

[secondopinion]

Well it depends, and that is the type of info that the original poster needs to be telling us. If the crime alleged is one in which confinement is not a possible punishment, than failure to appear results in a new offense which is dealt with separately from the original offense. The failure to appear is basically a charge of contempt of court and a warrant issues as a result.

But if the underlying crime does carry confinement as a possible punishment, than failing to appear at a court date does not create a new offense it just revokes your bond on the underlying case and since you are no longer out on bond, a warrant issues for your arrest. If the criminal charge gets dismissed than the warrant is recalled and there is no longer anything pending. There is no FTA criminal charge to deal with, instead you've got your forfeited bond to deal with.

The originial case was regarding a felony durg offense, punishable by years in prison, however due to several mistakes made by the ADA along the way my friend was released on ROR due to speedy trail laws. There was no bond posted. The lawyer had originally stated to him that if the case was dismissed the warrant would be revoked and he would have 10 days to appear in court. Now it seems to be a different case because the judge decided NOT to go to trail and try him in absentia....but due to the inabliltiy of the ADA to actually do soemthing right the defense won the Parker Hearing and the judge has "thrown" out the case...but according to the lawyer the warrant will stand.

 

[secondopinion]

I am here to ask questions and hopefully get some advice on such a perplexing issue....I will be meeting with said lawyer this Saturday are there any pointers that folks can give me on questions to ask him?

I would appreciate it.

Thank you.

 

[outonbail]

I am here to ask questions and hopefully get some advice on such a perplexing issue....I will be meeting with said lawyer this Saturday are there any pointers that folks can give me on questions to ask him?

I would appreciate it.

Thank you.

Why in he world would the attorney be meeting with you, if this case involves your friend? Everything you've posted sounds screwy,,,,,

 

[Jacon89]

OP, it wouldn't hurt for you to look into what a bench warrant is and what it entails (http://www.criminal-law-lawyer-source.com/terms/bench-warrant.html). From the looks of things, you friend bounced out of the country (of which he was not a legal citizen to begin with) and the judge has dismissed the case against him after a long period of time had gone by, but somewhere along the way a bench warrant was issued for your friend for a failure to appear in court on a criminal charge, which makes it a seperate issue from the original case and would therefor remain regardless of whether or not the original case had been dismissed by a judge. At one point you've mentioned something about your concerns that he may be deported, and that sort of made me shake my head and chuckle at the same time; you claim he's skipped town (country, actually), and isn't a legal citizen to begin with, so... need I say more? Stop me here if I'm wrong on anything.

What I'm trying to figure out now is...what are you asking? In a few well thought-out and to-the-point sentences, try to explain to us what it is that you're seeking information or advice on. Bottom line is, a bench warrant has been issued by the court that stands seperate from the original case. It's a whole new thing entirely. Your friend can and will be arrested if he is stopped by police or something of the sort takes place. What happens afterwards more than likely depends on the specifics of the case from which this entire ordeal stems (someone correct me on that if I'm wrong). But, since your friend isn't even in the country anymore and the judge apparently dismissed his case due to the time that's gone by, I don't see what you're fretting over. There's always a slight chance that your friend could be brought back to the U.S. and made to appear in court for the bench warrant, but let's face it, that's probably not going to happen.

It wouldn't hurt for you to choose your 'friends' more carefully in the future, by the way.

 

[secondopinion]

OP, it wouldn't hurt for you to look into what a bench warrant is and what it entails (http://www.criminal-law-lawyer-source.com/terms/bench-warrant.html). From the looks of things, you friend bounced out of the country (of which he was not a legal citizen to begin with) and the judge has dismissed the case against him after a long period of time had gone by, but somewhere along the way a bench warrant was issued for your friend for a failure to appear in court on a criminal charge, which makes it a seperate issue from the original case and would therefor remain regardless of whether or not the original case had been dismissed by a judge. At one point you've mentioned something about your concerns that he may be deported, and that sort of made me shake my head and chuckle at the same time; you claim he's skipped town (country, actually), and isn't a legal citizen to begin with, so... need I say more? Stop me here if I'm wrong on anything..

He is a legal resident in this country not illegal and he wants to do what is right to fix this issue, not run from the law.

What I'm trying to figure out now is...what are you asking? In a few well thought-out and to-the-point sentences, try to explain to us what it is that you're seeking information or advice on. Bottom line is, a bench warrant has been issued by the court that stands seperate from the original case. It's a whole new thing entirely. QUOTE]


I am meeting with the lawyer because I am the "middle" person who can give face time to the lawyer. The situation is complicated due to the fact said friend wants to remain a resident, which is why he went or was prepared to go to trial (before he skipped town/country).

I suppose I am asking: Are there a couple of solutions to taking care of the bench warrant? And how do those solution affect a legal resident (through not a US Citizen).

 

[fairisfair]

Why in he world would the attorney be meeting with you, if this case involves your friend? Everything you've posted sounds screwy,,,,,

Aw c'mon OOB why would any one but a "friend" meet with a "said lawyer"....????

 

[secondopinion]

I just want to add, I understand that my post is all confusing but it reflects the confusion on the information I've received from the lawyer and the outcome of the recent turn of events with the case....to finally have the case dismissed after 2.5 years is a huge releif, but only to begin another problem....which according to the lawyer was going to be taken care of with a dismissal.

I do hope that after meeting with the lawyer on Saturday I'll have a better understanding of the situation and will gladly report back if there is interest to hear what his options are.

 

[secondopinion]

Update

Just looked online:

Case adjourned until Nov 2008, doesn't sound like the case is closed.

sigh

 

[Jacon89]

If everything you've posted here is accurate, albeit confusing, then 'friend's lawyer' may just be an idiot, or you may have misunderstood what he told you. At any rate, I'm sure you will have a better understanding after your meeting, when this lawyer will undoubtedly update you on the situation. Until then, don't let your head implode worrying about it.

Wait...is it even legal for a lawyer to be relaying such private lawyer-client information to a third party?

 

[secondopinion]

If everything you've posted here is accurate, albeit confusing, then 'friend's lawyer' may just be an idiot, or you may have misunderstood what he told you. At any rate, I'm sure you will have a better understanding after your meeting, when this lawyer will undoubtedly update you on the situation. Until then, don't let your head implode worrying about it.

Wait...is it even legal for a lawyer to be relaying such private lawyer-client information to a third party?

I'm not sure it's legal but I am related to said "friend" does that count?

You are right about head imploding, and I've heard that as long as planet Mercury is in retorgrade all thing communications are wacky... http://www.astrologycom.com/mercret.html and I honestly don't believe in that stuff but truely believe it is happening...in 'friends' case...

 

[secondopinion]

Update -

The case will not close because of the bench warrant....therefore if friend comes back to US he will be picked up, remanded and the case will resume.

Found out can't file for a speed trail motion if a bench warrant is issued....

And like many have stated before there is no statue of limitations on a bench warrant....