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Home > Law > Family Law   »   Unfair Bench Warrant

 
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Old Aug 2, 2007, 10:51 AM
kaybola
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Unfair Bench Warrant

My brother has 3 traffic violations, none of which involved injury to a person. Shortly after receiving a court date regarding the offenses, he suffered a physical collapse and was admitted to ER, spending a week in hospital. Barely able to walk, he went straight into a care center for 5 weeks, then straight into a rehab center out of state, where, after 2 months, he is improved but still physically and mentally unable to function fully independently and is suffering from depression. I think it will be about 2 more months before he will be able to come back into the world, as it were, and face the music.
His attorney appeared in court to explain the situation on the original date, and received a deferral date which we knew was going to be too soon for my brother to be physically able to attend. Consequently, when the attorney appeared on the latest date, producing letters from my brother's case workers at the 2 rehab centers regarding his condition, the judge blew up and said that he should have been able to make it and promptly gave a bench warrant on him.
I think this is arrogant and grossly unfair, with the judge disregarding the professionals' opinions on my brother's abilities. I want to know if I can appeal on his behalf against the warrant and if it would be improper to write directly to the judge, explaining the situation more fully and asking for him to reconsider the warrant.
Sorry so longwinded but it all matters.

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Old Aug 2, 2007, 01:40 PM   #2  
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Your brothers attorney can appeal this to the higher court.
Your brother can ask his attorney to do this.
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