Tag Archives: WARRANT

Any way to check if DUI charges are filed?

Q: I was detained for a DUI in April but have not received anything in the mail. Is there a possibility they sent to wrong address? Is there any way to check to see if charges have been filed? (West Mifflin, PA)

A: If you have no internet prowess or no computer, call the District Justice office located in the town in which you were stopped. You can also call the police department that stopped you. You can also hire an attorney to inquire. If the address you gave the police when you were stopped has changed, you may have missed your mail which is no defense legally. If you missed a court date, hire a lawyer to arrange to turn you in and set bond.

Will I need to go to jail for active warrant if I have no address?

Q: I went to the initial hearing at the magistrate I was pulled over for a headlight being out and had paraphernalia taken out of the car. No tests were done, so no DUI was issued. I went to the initial hearing but was told by my mother not use her address anymore. The judge got angry when I told him I was technically homeless and without an address to give him. He gave me another court date that I failed to show up at because my situation was still the same. I just want to pay a fine and be done with it all. Well, it went downtown. About a year later, I was picked up and taken to the county jail for 3 weeks. Released on ROR and they kept my prescription glasses for long distance seeing. I had an apartment I was residing at when I was arrested. I lost the place shortly after being released. I had to move my stuff and misplaced my papers with the court date. It has been 6 months roughly since I was arrested. Had they issued the fine at the initial hearing, everything would have been paid off by now. What are my options? I tried contacting a pro bono attorney and they said they cannot help until the warrant is resolved. This could be resolved without my appearance if I had a paid lawyer. (Pittsburgh, PA) A: I am not so sure it could be resolved if you had a paid lawyer. Even if you did, you would be detained at least for some period of time until the motions judge could set your bond. With a record of not appearing and having no steady address, a private attorney may not be able to get you another ROR bond. It sounds like a bench warrant was issued for not showing at your Formal Arraignment and you were subsequently jailed but given a ROR bond (released on recognizance) and then no showed again. I do not believe the Allegheny County Public Defender handles warrants. If you don’t have funds for a private attorney to turn yourself in at motions court, my thought is that you need to turn yourself in to the County Bail Agency (Pretrial Services). They will hold you in jail until they can get you before a judge to arraign you. If you received ROR once, you may not get it again. Tell the judge your circumstance and try to get an address where you receive mail before you do this.

Can a warrant be issued for my arrest if I no-show for Civil Court?

Q: I rented a skid loader and took it back and company. They said that I messed up the tires and ignition, but the skid loader started and went off the lowboy when they started it. When I took it off the little-boy the tires were still brand new. I’m being charged for it and they’re charging me a whole month’s rental. (White Oak, PA)

A: Not if it is a civil case. An arrest warrant can only be issued for non-appearance at a criminal case. There are exceptions to this such as if you were under subpoena and failed to appear and the judge issued a bench warrant. Also, under certain Family Court rules, you can be jailed when found in contempt. You need to defend this. If you missed the court date, make sure you contact an attorney and file an appeal in thirty-days.

If I have a warrant will I be arrested if I go to the jail to get my stuff?

Q: I need to pick up my property from my last arrest, but I currently have warrant. If I go to the county jail and attempt to get my stuff, will I be arrested? (Pittsburgh, PA)

A: There is one way to find out. Bring your tooth brush just in case. No, seriously, there is a good chance. Perhaps you can have your attorney draft a Limited Power of Attorney which authorizes another person to pick up your stuff at the jail.

How do I turn myself in on a PA warrant?

Q: I want to turn myself on a warrant for failure to appear in to PA for a drug paraphernalia charge from 2015. I’m scared I will go to jail. I also live in Buffalo, NY, and I don’t drive. That is the reason I don’t go back for my court date. Now three years later the warrant is showing up and I just want to take care of it but I’m not sure what to do. (Buffalo, NY)

A: If you have the resources to hire an attorney, an attorney can handle most of it and take you before a criminal motions judge to set your bond. You may want to call the County court administration and see if there is a way to do this without waiting in jail. Allegheny County has a set up where someone in your situation can turn themselves into Pretrial Services, who process them and take them before a judge for a bond to be set without going to jail. You will likely be better off with a lawyer who practices in the county in PA in which the warrant is.

How do I turn myself in on a PA warrant?

Q: I want to turn myself on a warrant for failure to appear in to PA for a drug paraphernalia charge from 2015. I’m scared I will go to jail. I also live in Buffalo, NY, and I don’t drive. That is the reason I don’t go back for my court date. Now three years later the warrant is showing up and I just want to take care of it but I’m not sure what to do. (Buffalo, NY)

A: If you have the resources to hire an attorney, an attorney can handle most of it and take you before a criminal motions judge to set your bond. You may want to call the County court administration and see if there is a way to do this without waiting in jail. Allegheny County has a set up where someone in your situation can turn themselves into Pretrial Services, who process them and take them before a judge for a bond to be set without going to jail. You will likely be better off with a lawyer who practices in the county in PA in which the warrant is.

Will warrant be issued if parent no shows for child support hearing?

Q: The mother is on government medical/ food stamp assistance. The child support case is in PA. The mother of child did not show up to the first initial hearing. The hearing has been rescheduled. Will a warrant be issued for me if I do not attend the hearing? (Pittsburgh, PA)

A: I do not believe the Family Division issues warrants for parties that do not show for hearings to establish child support. If it was a contempt hearing for failure to pay child support, they could hold a hearing without you, find you in contempt in absentia, then issue a warrant. If you fail to appear at a support establishment hearing, they will conduct a hearing without you and issue an order, which will likely require you to pay support.

WTF will happen to me now?

 

Q: I missed a probation appointment and haven’t contacted my probation officer. She called and said to contact her today or she is putting a warrant out for me! (Pittsburgh, PA)

A: Hmmmmm. That is a tough one. The choice is to call your PO and not go to jail, or ignore her and have a warrant issued, which will land you in jail at some unsuspecting future time. If it is not too late already, call your PO and apologize and think of a damn good excuse for not calling her back. If you call and she says, tough, I already requested a warrant, you have two options. You can turn yourself in and expect to sit awhile in the Allegheny Iron Hilton. Or, you can hire an attorney to prepare a petition to lift detainer which puts a good spin on your screw-up and walk you into the probation judge’s court room. It may or may not keep you out of jail, there is no guarantee.

Can I get a public defender to help me with a warrant?

Q: I have a warrant for a simple assault charge. I have a court date coming up. I also want to get a public defender for my court date and to help squash warrant. (Pittsburgh, PA)

A: Public Defender’s in Allegheny County do not deal with warrant issues. It is not deemed a critical stage of prosecution. However, you can obtain a Public Defender to represent you on the new charges at the Preliminary Hearing stage. You will need to go to Room 400 of the County Office Building and sign up. You will be appointed counsel if you qualify-meaning if your income is at a certain level.

I have a traffic court warrant. Will child support arrest me?

Q: It’s not the type of warrant where they come to your door. But I don’t want to go to Family Court to file for child support, if I’m going to get arrested. My son won’t have anyone to take care of him. I plan on handling the warrant when my mother comes to visit. Can I file for support without arrest? (Pittsburgh, PA)

A: If the warrant was issued by a District Justice office for failure to appear, I would call the office. Most of the time you can reschedule a missed traffic hearing. This may involve paying the collateral deposit and pleading not-guilty. Once this is done the warrant would be cleared