Asked in Criminal Law for Minnesota

Q: So I have a body warrant for not completing my last consecutive 48 hour weekend

I did call and inform the jail that I was unable to make it because I had to rush my dad to emergency room for a serious issue and he was supposed to be my ride to jail. The bailiff told me as long as I came in within the weekend I would sit my 48 hours and be done. She said to call before I came in to jail so 12 hours later I call as I was on my way to jail and they told me that she must have not looked at my record close enough because it was not a consecutive weekend anymore and there will be a body warrant out for my arrest that's being issued so they told me its pointless to go in right then. They said to wait til it goes thru in system. So my dad got diagnosed with terminal cancer and I am the only person to care for him and I'm his voice when he is unable to speak and I make his appts and take him. I want to take care of my warrant but they won't tell me how long I will be in jail for because its all up to the judges discression. And I can't turn myself in and be away from my d

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: You should consult with an attorney to address this. Right now you have zero control on when you might be picked up on the warrant. Once you are, you are going to be in a tough place to avoid serving out whatever you owe. I would hire an attorney or go back to your original attorney to address this issue.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Normally where there is an body-only arrest warrant, no one in the criminal justice system will be willing to do anything until the warrant is satisfied. That happens when the fugitive either turns themselves in at a jail for booking and detention for court, or they are caught. Once booked into jail in the warrant, the warrant is gone. After that normally the person in custody will eventually see a judge for consideration of what to do next - release on conditions or more jail time.

A defense lawyer cannot guarantee that the above, normal course of events will not happen. Almost always it will. We can call the prosecutor about it, but they rarely care to do anything favorable.

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