Arrest Warrant After Leaving Community Service Assignment

[Brun0]

1. Given citation for no proof of insurance. Released on OR.

2. Present in court on correct date and sentenced to community service (46 hrs, I think... Never actually told) for failure to produce proof of insurance and due to being unemployed and an impending eviction (had been delivered "final notice" by Sheriff two weeks prior to court date.) Judge was extremely irate about my situation where as others were given the opportunity to make payment arrangements.

3. Performed (at least) twenty-four hours of community service without incident on the following Wednesday, Thursday, Friday and was released for the weekend.

4. Inquired about ability to make payments on the remainder of the fine with various municipal employees (before leaving and on the Sunday prior to returning) and was told that was a normal occurrence but would require approval by the magistrate (Judge only sits for two consecutive days a month - about three weeks later on the day I asked).

5. Obtained a part-time job over the weekend.

6. Finalized removal of personal belongings on that weekend from our home leaving only one room with blankets, clothes and pets.

7. On the following Monday, I arrived early; went to the supervisor and described my intent. He said that was fine, to ask the magistrate when they opened at 8:00. I asked if it was okay for me to leave to do so and was told it would be fine.

8. I then went to the employer to verify my employment would be available (day labor and starting late due to circumstance).

9. Afterwards, I went to the magistrate's office; waited for them to open and was told flatly that I could do no such thing, that I was to obey the Judge's order and that only he could change the order.

10. She stated that I had to return to the community service location immediately.

11. I made a remark to my wife about needing my lunch and needing to change clothes, but left with the intent to retrieve those items, vacate my home (per the Sheriff order as the judge was aware was necessary) and then return to the community service center.

12. As we were packing the car (around 9:00, 9:15), an officer drove down our road. A few minutes later, another officer arrived and they served the warrant.

13. I was never placed into handcuffs. Never given notice of my Miranda Rights. I was allowed to drive myself, my wife and our vehicle to the police department where I was told to go inside to discuss the situation with the magistrate ("Let's go in here and find out what is going on").

14. As I was being (apparently) arrested, my wife was only told that she would need to make 'alternate arrangements' (We had stated our intent to sleep in the vehicle nearby - which she was unable to move due to it being a manual transmission).

15. I was NOT given a copy of the warrant but was told that the warrant had been signed on the day prior. When I requested a copy of the warrant, I was told that I would have to subpoena it.

16. After being released on bond, I returned the following day (on time) to perform the remaining community service (but was instead escorted from the property about an hour later by the same officer who had 'arrested' me the day before). I went to clock out and then went to the magistrate.

17. When asking for some notice regarding my release from obligation to continue to perform the community service, I was told that the bond was being held in lieu of that service and that "WHEN" I was found guilty, any remaining money would be due after the court costs and fine for the FTA (reason for the warrant being issued - I presume) were subtracted from the bond. A written release was flatly refused - as was a written total of my hours performed.

18. A senior officer who I had befriended (and had been given other employment information by during my previous days of community service) upon hearing the details of what I have previously written told me to go get an attorney (quite emphatically) and told me that I would not need money to retain one. He declined to state why (for obvious reasons) but was very firm about my need for a non-court-appointed attorney and the fact that I would regret not doing so.

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So, should I seek out an attorney? I do not have much time. The court date on the FTA is impending.

Also, I should say:

That I have a 'perfect record' (both traffic and criminal).

I had previously lived at the same location for three years (without incident)

There has been an ongoing investigation into this particular municipal entity due to employee theft, misuse of NCIC services, etc. off and on for the last couple of years.

[Who'sThatGuy]

A lawyer only works on a contingency basis if there is a reward or settlement of money at stake.

Your case is not one a lawyer would take without getting an hourly fee, you will have to ask for a court appointed attorney.

[That Guy]

Here is how I'm reading this...

Your impending eviction, as you described it, is not relevant to the community service hours you were ordered to do by the court. Yes, it is stressful, I am sure, but if you're unemployed and not working then you had no excuse whatsoever not to complete your community service.

But then as soon as you start that and get on a roll, halfway done and all, and though you are still unemployed and still being evicted, all of a sudden you now have the money to pay the fine?

Then the story gets more convoluted and mixed up with arrest warrants, FTAs, a senior officer who advised you to get a non-court attorney...

Who's That Guy gave the correct answer regarding your question... Contingency means there's a pot of gold at the end of the rainbow, and in this case, I'm not so sure its there. What I'm thinking you probably meant is that you're looking for an attorney to do some "pro-bono" work, as in hand you a freebie. And for that, difficult as it may be, you might want to contact the Oregon State Bar association. (I see a "Modest Means Program" there on that page, but that is obviously not the same as "free").

[Brun0]

Here is how I'm reading this...

Your impending eviction, as you described it, is not relevant to the community service hours you were ordered to do by the court. Yes, it is stressful, I am sure, but if you're unemployed and not working then you had no excuse whatsoever not to complete your community service.

All fine and good. But, I do not think it is a matter for the court to decide whether labor or money is more proper for the payment of a traffic citation for one person and then deny the same remedy to others for arbitrary reasons. In fact, I would argue that preference for cash over service is what precipitated such a timely issue and execution of a warrant.

One would think that I had committed a felony! In fact, I am sure that local felons are afforded more leniency when completing the terms of their sentences. How do I know? I spent the whole day with them

Besides, I never stated that I was refusing to return to community service. I never implied that was my intent either. To the contrary, my statement that I needed a lunch and work clothes was a direct indication of my intent to work the community service with diligence. FYI, the day labor job was indoors and food was going to be handled by a kind fellow who was attempting to give a hand up.

But then as soon as you start that and get on a roll, halfway done and all, and though you are still unemployed and still being evicted, all of a sudden you now have the money to pay the fine?

The reason why the Judge was so irate with me was that I was unemployed.

I found an opportunity over the weekend to have both my wife and myself employed as day laborers (i.e. cash each week - not a check!) Working two days would have provided the money for the fine and I would have been able to pay at the end of the week (along with renting an extended stay...) That was the idea anyway.

Also, eviction is a process (apparently, anyway). First you get some time to pay / remedy. Then you get an order to vacate immediately. After that, your belongings (and pets) are subject to being removed by force at the convenience of the Sheriff.

So, we were overdue to have my wife, our remaining bedding / clothes and two pets left in the cold waiting for me to come home.

I dunno, just seems like cruel and unusual punishment to arrest me for being concerned about the welfare of my wife and pets after refusing me the option to pay the fine for a TRAFFIC TICKET. This appears even more so when there are drug dealers, thieves and various other colorful characters being given the opportunity to PAY their way out of CRIMINAL OFFENSES when it was the fact that I was unemployed which set the tone for this whole incident to begin...

Then the story gets more convoluted and mixed up with arrest warrants, FTAs, a senior officer who advised you to get a non-court attorney...

I was incarcerated and required to post bond after an FTA warrant was issued less than two hours after speaking to the magistrate and while on my way to return to the community service location. All of this occurred within one calendar week of the original court date.

Where else was I likely to go after being told that I could not take the job? I have no criminal record! I have been refused the option to pay the remainder of my fine, so why not just sleep in the car and keep doing the community service! It's not like any work was being done there anyway...

My mistake I guess was ever trying to keep my word with the Sheriff and having concern for my wife and our pets. If I had thought that any of this would have happened, I would have moved into the car on Sunday night. I wouldn't have sought out employment to pay the remainder of my fine and to begin putting my life back on track.

In my nearly four decades on earth, I have NEVER seen a warrant issued for failure to appear to community service. Usually, there is some time-frame set to complete the hours. Failure to comply before the next judicial session where the case is reviewed MAY result in an FTA. But even then some leniency is usually afforded those who have otherwise complied with the judge's order.