I have... been arrested.
I was due in court one day. Many weeks before hand, I knew I would be out of town for work, and had my lawyer file a continuance... He was also unable to make the date due to another court case in another jurisdiction.
He sent a letter to the courts notifying them on both counts. The Court clerk read the letter in OPEN COURT... The judge didn't care and filed a bench warrant out on me. The BAILIFF (Who was told to issue the warrant) called my attorney and told him what happened... He told him he'd never heard of such a thing happening before, but he had to do what the judge told him to do.
I had to turn myself in when I got back in town... They processed me and the whole bit.
I went before a magistrate and he released me on Personal Recognizance... I was found not guilty on the charge, but it was a HUGE pain in the ass.
Sometimes it's just straight bullshit.
Thing is...The Judicial System deems that the court date comes first before being "out of town"...
And I am willing to bet, that the bailiff was bullshitting, unless it was some hick town.
They usually have the courtroom clerk or another clerk issue the bench warrant, it's the judge who signs off on it (basically issuing it)
There have been judges who have issued bench warrants for people who don't here their names being called in the same ct room---and then have to be take to lock up. And even people who are 5 minutes late, and the judge refuses to recall their names---bench warrant issued. The thinking is, if you can't take your courtdate
seriously, well....this is what happens.
A lot of people call in that their car broke down, or their ride didn't come, or they forgot. And many people have their lawyers file a line for continuance, whether it be that the lawyer is stalling, or a legitimate reason, there is no guarantee that it will be granted. Some judges are lenient, others are not...
