Legal Question in Criminal Law in Minnesota
My son has a failure to appear warrant for a $40 shoplifting charge. He has been jailed twice for this but still has failed to go to court. He is now receiving some phychiartic and phychological therapty and wants to deal with this issue.
How does he present himself to the court and deal with the issue. Is there a way to avoid being jailed again until he is given a court date? This is a Ramsey County matter.
3 Answers from Attorneys
An arrest warrant is cleared when the person is booked into jail, if it is a "body only" warrant. Some arrest warrants have a dollar alternative bail that can be posted instead, in order to get a court date. You can contact the Jail or the Sheriff's Warrant Office to inquire which type it is.
First, if he currently has a warrant for his arrest for this charge, in order to quash the warrant, he would either need to pay the bail, if set, or turn himself-in to have the warrant quashed and then set up a new court date to try to resolve the matter. Sometimes, an attorney can contact the prosecutor on behalf of your son to try to reach an agreement to have the warrant quashed, if no bail, and then set a new date with the court's approval.
If there is no warrant, he needs to make his next scheduled court appearance, preferably represented by counsel, and try to resolve the case, assuming there are no issues for trial.
Thank you for the post.
First, with regard to the warrant, often with the assistance of counsel, the warrant can be stayed pending a new hearing date that is scheduled. WIthout an attorney, I agree that hte person is booked into jail and a bail is set.
A theft offense can be very serious. While any theft under $500 is a misdemeanor. Such an offense is still punishable by up to 90 days in jail and a $1000 fine. The collateral consequences of a conviction can also be extremely significant and preclude a person from finding employment where background checks are performed.
Often, if you have no prior offenses, a conviction can be avoided with a Stay of Prosecution. A Stay of Prosecution means that the offense is never recorded on your record and stayed for a certain periofd of time to ensure that you do not have another offense.
We can assist you in making sure that your record is not affected.
For a FREE consultation call 612.240.8005.
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