Results 1 to 4 of 4
  1. #1
    Join Date
    May 2005
    Location
    Eugene, OR
    Posts
    3

    Default Bench Warrant for a Misdemeanor, and Nonresident Violators Compact

    I need some advice or suggestions. please help!!

    I was just charged with a misdemenor in Arkansas (not traffic related), and my lawyer told me to plead innocent based on the circumstances at the arraingment. After the court, I told my lawyer that my wife and I are selling our home in Arkansas and will be moving out of state to Oregon. I asked him do we have to stick around for this mess? He said it would be fine to move, since it is only a misdemeanor, they won't come looking for you. And after a year or two it will go off the records even in Arkansas. I really don't intend on coming back to Arkansas for years. So we moved and bought a nice home in Oregon.

    Just last Friday, back at our previous address in Arkansas, we received a letter from the court, stating this: "You have failed to respond to the citation described in this notice by not appearing in court or by not paying the fine and costs within the prescribed time limit. Failure to appear or remit the fine and costs to the court within 20 days of notice will result in notifying the licensing authority in your state to suspend you drivers licence in accordance with nonresident violators compact (NRVC) and under the driver license laws of this state."

    And, I found out there is a bench warrant for me back in Arkansas, which is understandable, since I didn't go to court. Under the advice from my lawyer it was fine to leave. But, the weird thing about it, is that the letter from the court makes one think it is a traffic violation. Can they link the two together and try to mess up my life? I mean this thing can really mess up my life if I lose my drivers license. I have to travel for my living! There is a web site that shows the NRVC (nonresident violators compact) and DLC (driver license compact) states: http://www.aamva.org/Documents/drvCo...apMapColor.PDF

    I am not sure if Arkansas will contact Oregon and suspend my drivers license. I can not go back to Arkansas, since my entire life is here in Oregon. I've already made committments here. Is this as simple as just paying off for the court costs (if that is all they want) OR do I have to go back to Arkansas and appear in court, which will be terrible, since they will probably put me in jail for 10 days to a month since I skipped town whether I am innocent or not? I am thinking just go get my Oregon's drivers license now, but if I get a simple triffic ticket down the road, they will probably put me in jail, since I may be driving with a suspended drivers license in Oregon. Please help me with my issue. I am a nervous wreck and I can not believe how I got into this huge nightmare. I will be waiting for anyone's response as possibilities. Thank you very much.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Problem With Leaving Jursidiction with Charge Pending

    Perhaps you should contact your lawyer, and see if he can work out a deal where you voluntarily return to Arkansas on a pre-arranged plea deal where you pay a fine (or if they will let him tender a fine on your behalf, although that is less likely with a criminal charge). They get to close their books on the charge, and you don't have to worry about your driver's license.

  3. #3
    Join Date
    May 2005
    Location
    Eugene, OR
    Posts
    3

    Default thanks aaron

    First of all, thank you Aaron for taking the time to read about my situation and responding with your thoughts. I spoke with my lawyer again yesterday, and stated him the law for my situation after doing a little research (he didn't know), and it seems as though since Oregon is not part of the NRVC, then Oregon does not act upon the letter from Arkansas and therefore Oregon does not have any rights in suspending my new drivers license. He said, "you may have lucked out"! But, I have another question. I just obtained my Oregon's drivers license, so when the court clerk in Arkansas is ready to request my license to be suspended, she will find that I am no longer an Arkansas resident (in the national database), since they can easily check which state my license is in. So, knowing that she can't go through Oregon, since Oregon is not part of the NRVC, can she ask the judge, supervisor, etc.., to rewrite the letter another way (meaning send a 2nd one), that states "as part of the DLC ... Drivers License Compact to suspend my license...", and since both states (AR & OR) are part of that compact, then they can proceed with suspending my drivers license? Or is what was sent is it ... one attempt and it is over? I don't know Arkansas' policy for this ... I mean crap it is only a simple misdemeanor, and I already know my lawyer doesn't know, because he said it was ok to leave in the first place, which was bad advice, and also didn't know anything about the NRVC or DLC, etc ... and I've already fed him $750 and $1200.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Advice of Counsel

    I would not assume that just because they identified one compact, the ticket won't be reported under both. However, you are represented by counsel, so I have to defer to somebody familiar with the facts and law governing your case.

    1. Sponsored Links
       

Similar Threads

  1. Assault & Battery: Misdemeanor Assault Bench Warrant
    By drifter78 in forum Criminal Charges
    Replies: 1
    Last Post: 09-20-2008, 10:26 AM
  2. Arrest Warrants: Misdemeanor Warrant Bench Warrant International Travel
    By Justiceforall in forum Criminal Procedure
    Replies: 2
    Last Post: 08-15-2007, 04:22 AM
  3. Arrest Warrants: Flying With A Misdemeanor Bench Warrant
    By Miket087 in forum Criminal Procedure
    Replies: 1
    Last Post: 05-15-2007, 06:44 AM
  4. Assault & Battery: Bench warrant for a nonresident
    By bcw17333 in forum Criminal Charges
    Replies: 1
    Last Post: 02-02-2006, 04:49 PM
  5. Arrest Warrants: Outstanding bench warrant for a misdemeanor
    By cwynn46 in forum Criminal Procedure
    Replies: 4
    Last Post: 07-14-2005, 12:12 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document