Legal Question in Civil Litigation in Michigan

Re: Court Appearances

You dont' say what stage of preceedings you are, possibly, hypotheically, maybe in, but hopefully you're not talking about a jury trial.

Practically speaking, Mr. Wood is correct, but in my experience, what you need to do is take action before the paperwork makes it through the system and the police are sent to find you. Unless you're in a small town, they probably put that at the end of their to-do list, and more likely you'll be stopped for a headlight at 3AM and the officer will find out you have an assault bench warrant out, not a cool scene, if you get my drift. You would rather not get stuck with one phone call, when taking action could solve the problem.

If you represent yourself, call the judge's secretary and ASK her what you should do. Tell her that the miss was not intentional, and that you'd be happy to come down to court as soon as possible, but you don't want to be arrested and embarassed over an honest mistake.

If you have a lawyer, have the lawyer do it, and then don't screw your lawyer by not doing what s/he asks you to: get down to court and deal with it. You will gain more respect (read: possible leniency down the road), for doing the right thing, rather than waiting for the bench warrant to find you. I suspect it would be the same advice whether the charge is in Georgia or Michigan...:o)) Then, when you get to court MAKE SURE THAT BENCH WARRANT IS VACATED!!

Re: Court Appearances

You would go before the court and attempt to have the warrant set aside and set a trial date. This would allow the oportunity to meet with the prosecutor and perhaps work it out or determine whether it will go to trial.

Re: Court Appearances

Well, best I can remember from my criminal defense days, they will issue a bench warrant. They will forfeit your property bond, if there is one. They will then hunt you down and arrest you. You will then be charged with not only Assault and Battery, but additionally failure to appear. This is of course, if it is a felony charge. If, however, it is just a misd. charge, they forfeit your bond and 'maybe' one of these days -- in a blue moon -- come looking for you. Mostly they arrest failure to show misd. on routine traffic stops. The name or lic. shows up at the time the name and lic. is entered into the computer. HCW