No court date, warrant isuued?

Question

My boyfriend was sent a notice to appear for a show cause hearing for a probation violation. The paper did not have a date on it, so when he was to see his PO next, he was going to ask her if they had set a date yet. He never got to see her, because a warrant was issued for failure to show in court and he was arrested. He is now sitting in jail waiting to be transferred to a jail 200 miles away. What can be done in this situation? He always shows up for court and had intended on doing so this time. Also, his violation that he has the hearing for was already taken care of by his PO and now they want to send him in front of the judge 2 months later with one of the charges being a complaint that he was seen intoxicated at a bar but there is no proof it was him. Any suggestions would be appreciated.

Answer 1

Definitely speak with the PO to get help and info. If of course you are getting run around and it looks like he is going to be sitting in jail for 2 months - unjustly - then do this. (BTW, I am not an attorney, however I would do this). FIND THE NAME AND PLACE FOR THE APPELLATE COURT WITH JURISDICTION OVER THE COURT WHICH ISSUED THE WARRANT. Open your wordprocessor and write in big letters across the top, WRIT OF HABEAS CORPUS (HC means "bring/show the body"). Then right below write [name of boyfriend] vs. [name of institution and/or department and/or warden where he is being held in custody or in custody by] Then write IN (the name of the APPELLATE COURT]. Then, start your FIRST PARAGRAPH and write, [name of boyfriend] is currently being illegaly detained by [name of inst, dept, warden] for failure to appear in court pursuant to an insufficent notice to appear (attached hereto). The notice to appear was insufficient for failure to state (only include the ones that apply -->) the date, time, place of appearance and/or name of judge, reason, type of hearing, etc. . .. On the [date the warrant was issued] the [name of the judge and jurisdiciton of the judge] issued a warrant for his arrest. On the [date of the arrest] he was detained by [name of the inst/dept/warden] and has been told he may not challenge his detainment for up to two months [or date if you have it]. This Court has jurisdiction over orders issued by [the name of the court that issued the warrant]. NEXT PARAGRAPH [Now given what kind of feedback you get from the PO - you may include info such as - the PO didn't know about the Notice to Appear (aka NOA), your boyfriend had relied on your PO in the bast to help him understand his responsibilities and duties while under probation, and or what history of appearing he has - such as he has never failed to appear before - if you can get a letter from the PO attesting to some or all of these facts to attach to the writ that would be awesome! Basically use whatever info the PO gives you here and most of all stress your boyfriends commitment and reliance on the PO- this paragraph though is unnecessary if unhelpful) Next paragraph (and slightly most important), :"Due to (boyfriend's name)'s illegal detention he has suffered the following injuries (anything from missing school, failure to see children, work - whatever). Then list any other person's injury due to his incarceration such as his mom, family, even friends. If you can get letters from them (and I mean SHORT one paragraph signed letters from them saying how they are hurt by his incareration and asking the APPELLATE COURT for relief that would also be awesome. attach all paper work to the end of the writ by stapling, staple the NOA before anything else which may follow) [Finally end this paragraph by saying] I have suffered the following injuries, [as his girlfriend - loss of companionship, anxiety, sleepless nights, diarea - whatever]. As such, the above named petitioner, petitioners [mom, dad, whoever, you named above except the PO] have STANDING to challenge petitioner's continued illegal detention.
As such, all named parties, and those whose signatures follow respectfully petition this Honorable Court for the immediate release of Peitioner or you can say [boyfriend's name].
Then sign it, including your phone number and address. Also, anyone you name and or anyone who gives you a letter (except the PO) should sign it including the same information.
ONLY INCLUDE THINGS THAT ARE TRUTHFUL - DO NOT LIE HERE. Also, DO NOT INCLUDE ANYTHING ABOUT HIS CASE IN CHIEF - that is not relevant - don't go on a tangent about who saw him drinking or whatever.
NOW, MARCH YOUR WRIT and anyone who signed it who is willing to go with you to the APPELLATE COURT and personally hand it to the CLERK of Court. You can also mail it, attn. the clerk of court which you can get from the APP court's website, though I reccomend showing up if you can. GO in the MORNING, APP Crts usually hear oral arguments from 9am to Noon. It would be great to get one of those judges right after oral arguments - don't worry you will not be arguing and no one of the judges is likely to speak or hear from you personally. The point to showing up is to get that CLERK to hand your WRIT to a judge right away. Be respectul, do not become agitated or upset in any way. Be the sweetest person in the world. If security is an issue, say - I have a WRIT to be personally delivered to the CLERK of COURTS please - they cannot deny you passage - this is your right to access to the courts - but do not be beligerent or abusive in any way. Dress nice! If it looks like the Clerk might wipe their butt with your Writ - which they shouldn't you can tell the clerk at the window - this is an emergency writ, would you kindly look it over briefly, I wrote it and I would not want the Court to be offended by some error on my part. If possible, I would like to patiently wait here until you notify me a judge has received my writ. I know it is unlikely I will get an answer today, but I want to make myself available and most of all I want to know the Writ is being attended to.
WHAT is going to HAPPEN? Everything you have done is legal and permissible. Within 72 hours - most state laws mandate this time frame - a judge in that appellate court MUST READ YOUR WRIT. - no there is no way to get any evidence of that, but you can call the clerk back in three days to find out if the WRIT has been resolved (so get the CLERK's number before you go). Any judge worth his weight will give your WRIT five minutes, and if the NOA does look insufficient will call the judge who issued the warrant with the information. BEST CASE SCENARIO - he orders that judge to bring your boyfriend before him to hear whether the NOA was legally insufficent to "apprise a reasonable person" of a pending court date. IF SO, THAT JUDGE WILL RELEASE YOUR BOYFRIEND THAT DAY!!!!!! I am making no promises. The best advice anyone can give you when there is a legal issue is SPEAK w/ an ATTORNEY. However, if poor like me - this is what I would do in your case if speaking with the PO doesn't help. I really don't see why you shouldn't. He could be out next week instead of two months. You have nothing to lose (based on the info you provided). And I wish you the best of luck. Much love!

Answer 2

Just as the other fellow said - "Get ALL the documentation that proves no court date, also statements on where your boyfriend was the night where he supposedly was seen drunk at a bar"..., anything pertinent to his case.

I hope he has been straight foreword with you and the PO. If he has not, it will show up. That seems odd they did not include a court date on the show notice. This will be a vital piece of paper you MUST have. Without it - he don't have a prayer unless his PO trusts his word - even then proof must be attained.

TALK TO HIS PO.., if his PO wont talk - go see an attorney.

Answer 3

Ouch. Unfortunetly the VOP aka violation of probation is a no bail warrant. He doesn't need to have a court date. He will be able to get out of jail once a judge says so. He might have to stay in jail for a little bit depenidng on why if its misdamenor or felony probation

Answer 4

One can not be punished for the offence committed by others. In the present case, since the date was not mentioned on show cause for appearance, the issuance of warrants by the court are unwarranted. The affected party could approach the court for setting the things right.

Answer 5

first of all do you have the letter that has no date on it to appear? if so i would call an attorney and there are attorneys that will take payments. also he is entitled to an attorney since he is jail, but it is better to get one for yourself. have an attorney get the info on this situation concerning the bar thing. do you or your boyfriend have enemies? sounds like someone is causing trouble. have the attorney check into all of this. fight the system all the way if he is innocent. dont sit back but fight. get all of your info put together and go present it to a good attorney and see if he can help.

Answer 6

Dump this loser.