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  1. #1
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    Nov 2016
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    Default Not Notified of a Court Date Resulting in a Bench Warrant

    My question involves criminal law for the state of: Indiana

    City failed to notify on court day, issued a bench warrant and also not notified to t

  2. #2
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    Sep 2005
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    Default Re: Not Notified of a Court Date Resulting in a Bench Warrant

    Be sure to explain all of that, and the parts you left out, to the court when you appear to address the warrant. Depending upon what is involved in the matter, it makes sense to discuss the matter with a criminal defense lawyer or, if this problem has its roots in some other form of legal action, a lawyer who can address the underlying legal issue that resulted in the order to appear and bench warrant. As we don't know what happened, we can't do much other than suggest consulting a lawyer.

    Oh, wait, for some reason you posted details in somebody else's thread, even as you left your own empty....

    Quote Quoting Jr488711
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    I missed a court date in Indiana because I was never notified by mail, email, phone call and had a bench warrant out for my arrest without my knowledge. I'm sure they get that all the time but I'm 100% serious on this. I am very diligent when it comes to this because I want to avoid at all costs literally...what ended up happening to me anyway.

    I got pulled over and that was the first time I became aware. So...they transferred me to County Jail immediately where I was told that I can't bail out Because it's a warrant and I have to wait through the weekend to see the judge because I got picked up on a Fri. Night.

    In the meantime, my awesome gf was already out and about making moves like getting my car out of the tow place, called my work, and getting ready to do anything else to get me out asap.

    She was just as annoyed as I was and even went to the police station in the city which the warrant was issued and missed court date took place. She informed them that I had just attended court in Sept and nothing was ever mentioned about an October date.

    She asked when the notice was mailed and the clerk stated that she couldn't give that info out and to be quite honest even if they did..they probably still wouldn't disclose. We appreciated the honesty. She said that it does happen from time to time and that my lawyer should look into recovering any and all expenses associated with that last arrest.

    Now here's the kicker and what Def. Gives me the idea they dropped the ball. As my gf is getting to leave all hot by the situation, the clerk asks her if she wants to bail me out. Now, I was always under the impression that if you are picked up on a warrant there is no bond. You have to see the judge. So, without hesitation she jumps on the offer, pays 500.00 bond and gets me out that same night within 5 of being in jail. I actually got booked in and released in the same turn.
    The fact that they let me bond out on a warrant can only mean they messed up and are kinda owning up to the mistake..but forget that. I want my money. That unjust arrest cost 500 in bond, 175 tow fee, and 50 for the actual tow release. That totals 725..that's not chump change.

    How do I get my money back? Should I write to the city judge? City clerk?

    Help!
    Digging into that:

    Quote Quoting Jr488711
    She asked when the notice was mailed and the clerk stated that she couldn't give that info out and to be quite honest even if they did..they probably still wouldn't disclose. We appreciated the honesty. She said that it does happen from time to time and that my lawyer should look into recovering any and all expenses associated with that last arrest.
    What did your lawyer say when you discussed this with him?
    Quote Quoting Jr488711
    Now, I was always under the impression that if you are picked up on a warrant there is no bond.... The fact that they let me bond out on a warrant can only mean they messed up and are kinda owning up to the mistake.
    No, that's not correct. The court may set a bond when it issues the warrant, or there can be a standard bond based upon the nature of the underlying offense.

    If you pay a bond to the court, you can seek the return of your bond at the conclusion of the case, if it has not been applied to your fines and court assessments.

    Any summons or notice to appear in court will be in the court file. You need to start by finding out if you were in fact sent notice of the court date and, if so, why you didn't receive it. In the majority of cases in which a summons is not received, it's because the defendant provided the court with an incorrect address, either when filling out court paperwork or because they failed to update their address on their driver's license as required by law.

  3. #3
    Join Date
    Nov 2016
    Posts
    2

    Default Re: Not Notified of a Court Date Resulting in a Bench Warrant

    This just happened over the weekend. I will be speaking to him tomorrow. I appreciate the info!

    I checked with the courts and they have my correct address on file too.

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