Legal Question in Legal Ethics in Kansas
while incarcerated
If someone is serving a 30 day sentence for failure to meet
some probation requirements and has a court date from another matter while incarcerated, how can they be served a bench warrant for $250 for not showing up if they were not taken to court by the authorities holding them?
1 Answer from Attorneys
Re: while incarcerated
If the matter was civil, it was not necessrily the government's duty to get the person there.
In a civil matter, that's entirely within the knowledge of the person incarcerated, and s/he should have taken steps to get the court date moved or at least let the court know in advance so s/he could have made arrangements to get there.
I don't see a constitutional violation here, unless the matter with the missed hearing was criminal in nature. The government can't hold you and then punish you for not appearing at another criminal matter.
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