Chicago, IL asked in Criminal Law, DUI / DWI and Domestic Violence for Minnesota

Q: What would be the out come when my boyfriend goes and turns his self in for 3 warrants that are for failure to appear

They are for a DUI and a domestic and for violating a danco. He had missed his sentencing court date on 1/29/20 and the domestic and the violation would have been dropped that day as I had to talk to people because the judge was the one who was pressing the charges for the domestic as I did not want to press charges against him. Is their a way that he could get the warrants dismissed without having to go to jail and just get a new court date set up or what he would be looking at right when doing so with the covid stuff going on. He had called the court and his public defender attorney telling them that he was stranded ways away from the county in which he had court and was still looking for a ride into court but was not having any luck and was looking to get the court date rescheduled and if anything changes on his situation he would let them know. All the court said was to call his attorney and his attorney did not get the message until after court and the warrants were issued.

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

A: It's been six months since he missed court. The likelihood that the warrants would be dismissed under the circumstances without him at least having to turn himself in is non-existent. He would need to be held for an appearance before a judge so that conditions of release could be set. He would be released if he is able to meet those conditions of release. Otherwise, he would remain in custody until sentencing. He could be facing more time at sentencing given that he failed to appear for sentencing. He should get in touch with his attorney ASAP and turn himself in. Waiting until he is arrested on the warrant is not going to help him at all.

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

A: It's extremely unlikely that a person who "failed to appear" six months ago, for a sentencing hearing would be able to clear arrest warrants in any way other than by turning themselves in at the jail for booking (or getting caught at a more inconvenient moment). His lawyer can inform the judge of the difficulties and extenuating circumstances when he does appear before the judge. That may help mitigate some of the damage done by the failure to appear, and time lapsed since. He should call his lawyer about all of it, and to coordinate a turn-in date.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.