He wrote down the wrong date and it was a simple mistake . He was at work yesterday , so its not like he was off getting into trouble . Anyways he has an attorney , and told me that he had called her and was going to go turn himself in . This is in CO in La rimer County , and I'm curious on how probable it is for his attorney to get the warrant quashed ?
Also, I wanted to add that this is his first time missing a court date, all while his trial has been postponed twice now. Thank you all for the advice thus far. I just called the jail and he is in custody- in the booking process. His court date is tomorrow. On the jail's website it states that there is no bond. I am really new to how everything works. So when he goes in to court tomorrow, will his attorney have the opportunity to request his warrant to be quashed? Will this prevent him from going back to the jail, or due to the fact that there is no bond set, is sentencing mandatory?
Your boyfriend will not be sentenced because he has not had his trial yet. He may have to post a new (and higher) bond in order to get released pending the new trial date. He will have a bond set at his hearing. If he is unable to post bond, he may have to stay in jail until his trial and sentencing.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
Criminal Defense Attorney
If this is the first time your friend has missed a court date, and they promptly turn themselves in and explain (through their lawyer) that it was a simple mistake, courts are often forgiving and will allow things to go back to normal.
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Criminal Defense Attorney
I agree with the previous answer. Of course, it varies by each judge and their practice. However, generally a first time missed court date usually can be handled by a request, either by motion or in person, to quash the warrant, provided there is a reasonable explanation for why he missed court (Mistaken date is usually enough) His attorney should know how best to handle it in that court. Of course, a second failure to appear would be taken more seriously, so checking the court date and keeping it on a prominent calendar is a good idea for the future.
His attorney should be able to get the warrant quahed and prevent more serious repercussions so long as your boyfriend hasn't shown himself to be a problem in any other way.
It depends to some extent upon the nature of the offense and the type of hearing that was scheduled. District Court Judges will be less inclined to quash a warrant, while matters pending in County Court are more easily addressed.