Legal Question in Criminal Law in Wisconsin

Bail Jumping?

i had a sherriff notify me of a court date, i was never arrested, just told to be in court. the state kept continuing the case, 3 days before case was dismissed i got arresed for dui, they added bail jumpimg to the charges, how can this be if i was never arresed for the court case?


Asked on 5/31/04, 9:19 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Re: Bail Jumping?

Your question is vague, but I will try to explain a few points which may relate to your situation. First of all, it is common and permissible for courts to set bail conditions before formal charges are issued, in order to guarantee your appearance once they are issued, and to protect the public during your conditional release. This is to your benefit, since the alternative would probably be for you to be held in jail. The order in, followed by your voluntary appearance, gives the court jurisdiction to do all this.

Any criminal charge may be commenced via an arrest warrant or by immediate arrest, hence, the �order in� from the Sheriff or a summons from the District Attorney is strictly a courtesy. The "order in" by law enforcement procedure is a polite suggestion that you appear in court, for both your convenience and that of the court, to receive the formal criminal complaint which documents your charges. Appearance in that situation is technically optional, but if you don't appear, the result is likely to be an arrest warrant. One appears voluntarily following an "order in," the court may see one as more cooperative than one who does not appear voluntarily. Hence, the voluntary appearance may result in a lower bond and/or less restrictive conditions of release. Someone who needs to be arrested and brought to court against their will, on the other hand, is likely to be seen as a flight risk and receive a higher bond.

Bail jumping involves a violation of a condition release for a person who has previously agreed to a bond with various conditions generally including a promise that you will appear in court as ordered and refrain from committing new crimes. If the court deems you to have an alcohol problem, it might also order you not to drink, or not to drive a vehicle. My guess, therefore, is that you were given such a restriction when you first appeared, despite the fact that the formal charges were not yet prepared, requiring the continuances. When you were arrested for the new drunk driving, you therefore violated those restrictions and hence were charged with "bail jumping."

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Answered on 6/01/04, 8:27 am


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