Legal Question in Civil Rights Law in Utah
Can I fight a warrant under certain circumstances?
A few months ago, I was found guilty of minor consumption of alcohol and given a fine of $250 plus interest. I was never told the exact date I had to pay it by. I went into the court house to find out and was told it would be sometime in the end of March. During the time period between my sentence and now, the job I was holding was terminated because of bankruptcy and my last paycheck (which I was counting on using for my fine) has been delayed. I did get another job to help pay for it, but I've just started and haven't received a paycheck yet.
I called the court today to find out the exact date of completion and was told that it was today and they have already processed my warrant. I was then told I could come in and file for an extention, but that if I came in I'd be arrested for the warrant.
Basically, I want to know if this is legal on their part. I thought I was soposed to be notified of when the due date was. Is there anything I can do about this? I don't want to wait it out until I get paid because I don't want to be hiding from a warrant.
1 Answer from Attorneys
Re: Can I fight a warrant under certain circumstances?
Most courts make it reasonably clear that a fine is due within x days unless you make other arrangements. I suspect you did not understand, but it is probably more your fault than the court's. Having said that go to court and get a copy of the judgment against you. It will state on it. Then find out when you can appear before a judge. Ask for an extension, which for good cause are almost always granted. If the judgment is unclear then show it to the court which may encourage the court to drop the additional fine for the bench warrant.
Although you have a warrant out for your arrest, if you are granted the extension and your approach to the court is polite and professional it is unlikely that you will be arrested. If you show up with a bad attitude you may get to enjoy the county's fine overnight accomodations.
For future reference, which I hope you don't need, the burden is on you to understand what is going on. Never assume that someone else will be responsible for notifying you of anything.
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