Avvo.com - Doctors. Lawyers. Ratings. Answers.

Expert Advice When You Need It Most

  • Sign in with: Facebook Twitter Google Linkedin
  • Sign in
  • Register
  • Are you a Lawyer?
  • LEGAL
  • HEALTH
  • Research Legal Advice
  • Ask a Lawyer
  • Find a Lawyer
  • Review Your Lawyer
Legal Advice
  • Lawyers
  • Doctors
  • Dentists
  • Legal Advice
  • Health Advice
Home  >  Legal  >  Research Legal Advice  >  Fail to Appear: Bench Warrants and Probation Violations
Scott Douglas Moore

Fail to Appear: Bench Warrants and Probation Violations

Written by: Scott Douglas Moore

Contributor Level 8
Arraignment Bench Warrant Convictions Criminal Court Criminal Defense... more
Arraignment Bench Warrant Convictions Criminal Court Criminal Defense Probation Probation Violation Warrants Wills less
Posted almost 2 years ago. Applies to Michigan, 1 helpful vote, 0 comments
Save
Email
Share with:
Tweet
1

Knowledge is Power

Regardless of whether you are on probation or in pretrial proceedings, failing to appear will usually result in bench warrant. The first thing to do, then, is to call the court and find out what the bond amount is. Try to find out what the court's policy is regarding walk-in arraignments. It would help if an attorney got involved to facilitate the surrender.

2

Plan Ahead

Most judges, in my experience, would prefer that you come in and explain why you can't pay your fines and costs than see a petition for a bench warrant. Likewise, probation officers or more inclined to work with you if circumstances prevent completing community service obligations or 12-Step meeting attendance. If you've already failed to appear, make every effort to clear up those outstanding obligations. Again, a lawyer can help present your case, your efforts, and your obstacles quickly and in a language the courts can understand.

3

At the Courthouse: Now What?

Coming in under your own power is a good first step. For a first violation, in many instances "intermediate sanctions" short of jail are the rule. These might include additional work program days, community service, fines, or extending probation. Remember who's order has been violated: the greater the violation and the smaller the respect for the judge, the higher the chance of incarceration. The key with most judges is truly working a program and bettering yourself.

4

What to Expect from Your Lawyer

If you are able to retain an attorney, you should expect that he or she will be making all appearances personally. With your consent, the lawyer may send a fully-briefed associate. Of course, the lawyer's staff will also be involved with certain tasks, but your lawyer needs to be in court, on your side. For most probation violation cases, expect your attorney to spend about an hour in conferences, telephone calls and research. Time in court may take an hour or a day, depending on the judge. Every case is different, and yours may require more or less time depending on the complexity of the issues and other circumstances.

Additional Resources

You should have already received contact information from your court and its probation department. Information about Michigan's court system is linked below, as well as links to AA and NA.

Michigan Trial Courts
Alcoholics Anonymous Meeting Finder
Narcotics Anonymous Meeting Finder

1 1 Helpful Not helpful

Related Questions

I have failure to appear and vop of unsupervised misdeanor for not payin cost can i still fly on a plane

Asked in Maryville, TN - May 14, 2012 15:46.

  1. Matthew Phillip Stephens
1 attorney answer
  • Bench Warrant
  • Failure to Appear
  • Misdemeanors
  • Probation Violation
  • Warrants

How can I go about finding how much i owe to get my name clear

Asked in Chandler Heights, AZ - March 13, 2012 23:04.

  1. Howard A Snader
  2. Leighton Howard Rockafellow Jr
2 attorney answers
  • Bench Warrant
  • Failure to Appear
  • Probation Violation

If the State fails to serve a bench warrant, can they be released?

Asked in Artesia, NM - May 15, 2012 15:21.

  1. Carolina Martin Ramos
  2. Christopher Daniel Leroi
2 attorney answers
  • Bench Warrant
  • Criminal Defense
  • Probation Violation
  • Warrants

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

 
Required
Cancel

17,296 answers this week

1,893 professionals answering

Find Speeding Ticket Lawyers

Vancouver (15) Gresham (2)

Related Searches

  • Arraignment
  • Arrest Warrant
  • Bench Warrant
  • Convictions
  • Criminal Court
  • Criminal Defense
  • DUI
  • DUI Conviction
  • DUI Defense
  • DUI Probation
  • DUI Warrants
  • Juvenile Probation
  • Probation
  • Probation Officer
  • Probation Violation
  • Search Warrants
  • Speeding Tickets
  • Traffic Ticket
  • Warrants
  • Wills
Avvo Logo

Expert Advice When You Need It Most

Avvo Legal

  • Ask a Lawyer
  • Find a Lawyer
  • Free Legal Advice
  • Review a Lawyer

Avvo Health

  • Ask a Doctor or Dentist
  • Find a Doctor
  • Find a Dentist
  • Free Medical Advice
  • Review a Doctor or Dentist

For Professionals

  • For Lawyers
  • For Doctors
  • For Dentists
  • Claim Your Profile
  • For Law Firms
  • For Medical Groups
  • For Dental Groups

Company Info

  • About Us
  • Jobs
  • Avvo Blog
  • Support
  • Partner With Us

FOLLOW US ON Twitter Facebook

© 2012 Avvo, Inc. All Rights Reserved | Terms of Use | Privacy Policy | Community Guidelines