Legal Question in Criminal Law in Kansas

Is jail time mandatory if you have a bench warrent?

A person pleaded guilty to petty theft (1st offense) and was entered into a defered judgement agreement and did everything to resolve the issue except, keeping the court informed of address and failing to attend the required shoplifting class and now has a bench warrent because of it, what will happen? The warrent was ordered 3 years ago, is it in effect still? And even with the bench warrent lifted, is it likely that that person will go to jail anyway? How can this problem be resolved without jail time?


Asked on 12/24/02, 5:18 am

1 Answer from Attorneys
Bonnie Selby Bonnie J. Selby, Attorney at Law

Re: Is jail time mandatory if you have a bench warrent?

I assume your written agreement sets forth what will happen. You probably stipulated to the facts of the charge and therefore, you could have the theft conviction on your criminal history. If I were you, I'd swiftly enroll in a shoplifting class and complete it, then call the prosecutor, provide him written verification that you have completed the class and beg him or her to accept your tardy effort rather than rescinding the deferred prosecution. Yes, the bench warrant may still be activated and you could be arrested and brought before the court to address your failings.

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Answered on 12/24/02, 9:03 am


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