Expert: Robin Sexton - 6/22/2008

Question
I received a letter regarding a warrant for my arrest because I was driving with a suspended license failed to appear to my court date. I was unaware of my suspended license charge and I was confused about my court date and missed it. My question is if I go to the City Court on Monday morning, will I be arrested? Or will I just have to pay a fine. Will I need a lawyer? Thanks for your time.

Answer
Julie,

A lot depends on what your courts policies are and they are all different. In most situations if you show up on your own accord there is no "arrest",  meaning jail.  Currently you have two issues. one is the driving while suspended charge. Depending on why you were suspended you need to address that.  Second is the fail to appear charge this is probably a bench warrant issued by the judge.  Because you failed to appear on the original suspended ticket i would suspect the court may require a bond before you can leave if you plan on contesting any of this.  The judge has great latitude when it comes to Bench warrants, after all he issued it.  Usually what happens is you appear and arrange to have the warrant dropped and pay the suspended charge, not cheap by any means. It  may be worth your while to have an attorney to help you walk through the maze and they are better able to negotiate with the prosecutor or the court.  Also if you are still suspended DO NOT drive to court.


Good Luck

Robin