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  1. #1
    Join Date
    Jan 2007
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    7

    Default Misdemeanor bench warrant question

    Hi, I just found out from my lawyer I have a bench warrant, because back at the end of November I didn't go to my court date. Even though I had told my lawyer on his message machine I could not make it, but apparently he said he didn't get it. Anyway, it's a misdemeanor warrant, for petty larceny and I've never committed any crimes before it, or been arrested. I was just wondering, when I go to court to get it cleared up with my lawyer this week, am I going to get arrested? I'm really nervous. My lawyer keeps assuring me I won't though because it was my first one.

  2. #2
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    Sep 2005
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    Default Re: Misdemeanor bench warrant question

    You indicated that this is a sentencing? The judge is likely to recall the warrant and sentence you. If it was an honest misunderstanding, I doubt that the court will impose any significant additional penalty on you over the missed hearing.

  3. #3
    Join Date
    Jan 2007
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    7

    Default Re: Misdemeanor bench warrant question

    Yea, it was my sentencing. I got arraigned and all that, and the court date I missed was supposed to be my sentencing but like I said, my lawyer apparently didn't get my message. Are you saying that when we go to clear the warrant, that judge will also sentence me? Oh, and IDK if you would know or not, but what's the likelihood I would be put on probation if this was my first offense? According to my lawyer there's no chance of that but I'm still nervous.

  4. #4
    Join Date
    Mar 2005
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    Default Re: Misdemeanor bench warrant question

    You can ask your lawyer if the hearing scheduled will include your sentencing. It would make sense, if possible, to do that rather than appearing in court again at a later date.

    I assume you meant that your lawyer told you that there is no chance of jail. For a first offense, probation is the most likely sentence.

  5. #5
    Join Date
    Jan 2007
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    7

    Default Re: Misdemeanor bench warrant question

    No.. he said I won't get probation. He said he's never seen that happen with a low-class first time offense misdemeanor, especially if you've been out of trouble since. And, my friend who I did the crime with was charged with the same thing and she only got community service.

  6. #6
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    Default Re: Misdemeanor bench warrant question

    Your lawyer seems to be describing nonreporting probation. Unless he truly means that nobody is ever going to follow up to see if you actually complete the terms of your sentence.

  7. #7
    Join Date
    Jan 2007
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    7

    Default Re: Misdemeanor bench warrant question

    Well, I had told him that I was moving out of the country at the end of March and he said that wouldn't be a problem since I wouldn't get probation..

  8. #8
    Join Date
    Mar 2005
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    Michigan
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    28,906

    Default Re: Misdemeanor bench warrant question

    You're the only one talking to your lawyer, so if you need clarification you'll need to take it up with your lawyer.

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