any lawyers out there?

[tupacboy]

so my friend got probation for a fight... he got a ticket with a suspended license... and today he got a call from his PO that he has a "bench warrent" and that he has to see a judge on thursday... so what does this all mean? what is a "bench warrent"? and what's most likely going to happen to him?

[eSDee]

Tupac, I believe that a bench warrant is when the courts try to save money by executing a bunch of inmates at the same time. Instead of putting them in an electric "chair", a "bench" warrant means they sit down like 4 people and zap them all at once.

So your friend is basically screwed. Hope that helps :D

[tupacboy]

hmm... for some reason i highly doubt that one...

[TheLoneGunman]

Bench warrant -- (non-technical definition) - Judge issues a warrant (an order to appear in court) on his own decision, instead of being asked for one by a cop.

Since a cop didn't ask for it, they are less likely to come looking for you (because they are busy depriving minorities of their civil rights) however, if you get a traffic stop and they run you for "wants and warrants" it will show up.

Solution -- appear in court when ordered.

Suggestion -- bring lawyer in tow. Even if it costs $500 for the lawyer, that generally beats spending time in the pokey (and it's usual side effect -- anal rape). A lawyer can generally calm things down and plead for mercy in a way that defendants can't. Also, a lawyer can talk for you and keep you from having to say anything (i.e. incriminate yourself). (Ex. a lawyer can say that you did it and it can't be used against you, but anything YOU say, can and will be used against you in a court of law)

Hope that helps.

[tupacboy]

thanks for the help thelonegunman... do you guys think he's in serious trouble?

[TheLoneGunman]

Fairly serious.

PO's are generally easy-going and want to help (despite the fact that they are related to THE MAN). It is a pain in the butt (and looks bad on their stats) when they have to pop you for something. On the other hand, popping you for a technical (violation of a probation condition) that is better than waiting for something bigger to happen.

As a condition of probation (ANY probation), you are required to report ALL violations of the law within 24 hours. My guess is that your pal didn't do that. That then put your PO in a jam once he found out. Therefore, he had to issue the bench warrant because of the violation.

HOWEVER, there are two ways to get out of it:

1. Beat the underlying charge. This is probably not possible though.

2. Beg for another chance with the PO (both Darrel Strawberry and Robert Downey, Jr. seem to be quite adept at this). They also both have teams of hot shot lawyers -- not a coincidence.

So, since the violation wasn't a major deal and if he is very repentant, and begs and crys, he might skate on this deal.

I should be charging a consulting fee for this :-)