My brother had an assult charge about 5 years ago in which he served time for. (like 6 months) Apparently, he has to pay the guy that he assulted for 7 years. He hasn't paid in almost a year now because he's been having trouble holding down a job. He moved a month ago and didn't receive a letter in the mail telling him to go to court. The next day they arrested him! He is VERY upset and they have a court date scheduled for today. Does anyone know what is going to happen? Im so scared for him! I dont know the laws! akkk!
2007-04-26 02:37:52 · 14 answers · asked by summer123 2 in Politics & Government ➔ Law & Ethics
You are going to get this answer a lot of times but if he assaulted someone so bad that it was worth 6 months inside then he deserves all he gets
Imagine your brother was the victim
2007-04-26 02:42:46 · answer #1 · answered by mary 2 · 2⤊ 0⤋
Your brother will presumably have been summoned to appear before the Fines Enforcement Court. This can be a very alarming experience, but the best thing he can do to prepare himself is to think through what has happened to him over the past months, try to assemble together the bits and pieces of paper showing his earnings and any other proof he has of his financial position. He should also note all his outgoings, all the things which he can't avoid paying each month. He will probably have to fill in a form when he gets to court (a means enquiry form) for the magistrates to look at, and all this will help. He should also work out how much he can offer to pay and this should not be less than 5 pounds a week. If he comes up with a sensible offer, they'll probably take it. Compensation can't be remitted, unlike fines, so he is stuck having to go on paying this for the next few years.
Having re-read the question I realise that of course it will all be over by now! I hope it went well!
2007-04-26 03:46:36 · answer #2 · answered by Doethineb 7 · 0⤊ 0⤋
Your brother will do fine in jail, dont worry about it, my tax dollars will give him 3 hots and a cot. Along with watching t.v. walking outside, his every 3 day showers, and making new friends.Hopefully he will get longer than 6 months. An assult on somebody here in Ohio, gets 5 years. But since he already served 6 months, then he may serve, 4 years and 6 months.
2007-04-26 02:55:19 · answer #3 · answered by Moose 6 · 0⤊ 1⤋
Well, he knew that he had to keep paying the person he assaulted, and if he couldn't, he should have contacted the judge's office to let them know. So part of the problem is his own fault. Now he will simply have to go to court and plead his case, and detail how his court date was lost in the mail.
I believe he should throw himself on the mercy of the court and tell them he completely understands why his there, and that it was all his mistake, and he wants to make up for it.
They will put him on a new payment plan, most likely.
2007-04-26 03:21:24 · answer #4 · answered by Eric K 5 · 0⤊ 0⤋
Well, your brother kind of screwed up. He should have contacted whoever receives his payments last year to let them know he was having trouble, he should have formally changed his address with the courts and he didn't do these things so now he's going to have to explain this to a judge. Advise your brother to be honest about his situation and to beg the court's forgiveness. What happens next depends on the judge. It's time for your brother to be responsible for his actions.
2007-04-26 02:50:58 · answer #5 · answered by Susan G 6 · 2⤊ 0⤋
your brother was taken in on a bench warrent because he didnt show up to court and basically he has no excuse, the reason he didnt get the letter was because he did not inform anyone of his new address. also, he should have informed the person he pays or probation officer in charge of it that he was in difficulty and could he be given some time or lower payments temporarily. its unlikely he will go to prison but may incur further fines and penalties, basically he is just goin to have to get his act together so it doesnt happen again
2007-04-26 02:55:53 · answer #6 · answered by eamonn b 3 · 2⤊ 0⤋
if he has not paid the person a sum issued by an order of the courts then your brother will be held in contempt. now a few things could happen here he could be sent to prison for anything from a couple of months to a couple of years-but i feel this course of action will be unlikely. what will probably happen is the court will enforce the order for your brother to pay him if he defaults next time then it will be prison.
2007-04-26 02:48:38 · answer #7 · answered by tony c 5 · 2⤊ 0⤋
Your brother should have informed the court that he was moving. If he is on probation, likewise he should have informed his probation officer.
As he is in Police Custody, he should be appointed an Solicitor if requested to represent him in court.
The following extract may help you understand the process a bit more .
When is Failure to Appear in Court a Crime?
If you fail to appear in court when your mandatory appearance is required, you are guilty of a misdemeanor. The most common situations include:
failing to appear to pay a fine issued after a case was concluded
failing to appear during an ongoing case
failing to appear for sentencing after trial
What Are the Consequences?
If you fail to appear in court, the judge will issue a “bench warrant” for failing to appear when you were obligated to do so. If a judge does issue a bench warrant then any of the following may happen:
If you are stopped by the police, a systems check of your license number will alert them to the bench warrant, and you will be arrested and brought before the court
Your license will be suspended until the case is closed and you will have to pay a fee to the DMV to get it reinstated
You may be held in contempt of court
You may have to pay a fine
You may be held in jail until the hearing
You may be denied bail
The severity of the consequences will depend on:
The seriousness of the crime at issue when you failed to appear in court
Previous failures to appear in court
The prevailing laws in your state
What Should You Do if You Fail to Appear in Court?
If you fail to appear in court you should contact a criminal defense lawyer immediately. A criminal defense lawyer can help you explain to the judge why you failed to appear. Once you have a lawyer, you should return to the court as soon as possible to turn yourself in and pay whatever fines you owe. Your lawyer will help arrange and set a pre-trial date to discuss your failure to appear in court with the District Attorney. Even after returning to the court, the judge may still take you into custody or demand that you post bail if you have failed to appear in court before.
Basically, the outcome of the court hearing will depend on your brothers defence and the Judges decison.
2007-04-26 02:59:56 · answer #8 · answered by essex_reject77 3 · 2⤊ 0⤋
He will be asked for an explanation and have the compo order adjusted dont worry about it.If the police knew where he was why didnt they deliver summons to present address.
2007-04-26 02:52:40 · answer #9 · answered by joseph m 4 · 0⤊ 0⤋
he should really have informed the court when he was moving and gave them his new address i'm not sure what will happen to him but he should get a solicitor as they'll be the best to advise him but i suggest he tells the truth and just explains what happened i don't understaand why he pays till 2007 i thought he'd have been told an ammount he had to pay
sorry i wasn't much help and hope all goes well for your bro
2007-04-26 02:44:40 · answer #10 · answered by bubblesno11979 3 · 0⤊ 2⤋