Missed court & warrent

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uber

Original Poster:

855 posts

170 months

Tuesday 22nd July 2014
quotequote all
In April I attended court after I was charged being on the phone and when I arrived the policeman put me in the wrong room which was full of traffic police where i sat for 3 hours until I went out and asked the healer chap who gave me into trouble and came back and told me i missed my appearance.

The allowed my case to be reheard and i was asked did I plead guilty or non guilty and at the time I thought that I would give my reason and be given the yes no verdict but instead I was sent home with a new date.

TBH I was a little freaked out about the first mix up and asked at the reception and the chap told me I would get a notification on the new date.

Today I decided to call as I thought it was taking its time and I got told the case was 2 weeks ago and I have a warrant out for my arrest!

They suggested I write in and ask for an invite which I will do today but is it possible to also change my plea to guilty in the letter? I really don't fancy another day in that court!

Mk3Spitfire

2,921 posts

128 months

Tuesday 22nd July 2014
quotequote all
But surely you are innocent? Otherwise you wouldn't have opted for court in the first place?!

uber

Original Poster:

855 posts

170 months

Tuesday 22nd July 2014
quotequote all
Mk3Spitfire said:
But surely you are innocent? Otherwise you wouldn't have opted for court in the first place?!
I was using the phone satnav !

Dave Hedgehog

14,549 posts

204 months

Tuesday 22nd July 2014
quotequote all
uber said:
Mk3Spitfire said:
But surely you are innocent? Otherwise you wouldn't have opted for court in the first place?!
I was using the phone satnav !
still an offence if your holding it i believe

simoid

19,772 posts

158 months

Tuesday 22nd July 2014
quotequote all
Handheld?

uber

Original Poster:

855 posts

170 months

Tuesday 22nd July 2014
quotequote all
Yeh It was an app on my iphone which i was turning up the volume on

TooMany2cvs

29,008 posts

126 months

Tuesday 22nd July 2014
quotequote all
uber said:
...and I have a warrant out for my arrest!
There is more that you're not telling us. If this was just about hand-holding an electronic device, you'd just have been fined-and-pointed heavily in your absence.

Fastdruid

8,631 posts

152 months

Tuesday 22nd July 2014
quotequote all
uber said:
Mk3Spitfire said:
But surely you are innocent? Otherwise you wouldn't have opted for court in the first place?!
I was using the phone satnav !
Probably guilty then as the law isn't just for using a phone, it's for using a hand-held device.

Even just holding a phone but not using it could see you found guilty.

Good luck anyway.

uber

Original Poster:

855 posts

170 months

Tuesday 22nd July 2014
quotequote all
TooMany2cvs said:
There is more that you're not telling us. If this was just about hand-holding an electronic device, you'd just have been fined-and-pointed heavily in your absence.
When I called I was told it was due to me not attending! I ain't no criminal

littleguy

190 posts

121 months

Tuesday 22nd July 2014
quotequote all
don't quote me on this, but if there's a warrant out for your arrest, all you can do is hand yourself in, get 'arrested', get transported to the court, have the hearing and then go home. Take a book.

SmoothCriminal

5,053 posts

199 months

Tuesday 22nd July 2014
quotequote all
Is there a possibility his licence has been revoked aswell?

ED209

5,746 posts

244 months

Tuesday 22nd July 2014
quotequote all
i suspect he is about to be disqualified, thats why the warrant has been issued. You cannot be disqualified in your absence.

uber

Original Poster:

855 posts

170 months

Tuesday 22nd July 2014
quotequote all
ED209 said:
i suspect he is about to be disqualified, thats why the warrant has been issued. You cannot be disqualified in your absence.
I take it you are winding me up as I have no points!

marshalla

15,902 posts

201 months

Tuesday 22nd July 2014
quotequote all
uber said:
I take it you are winding me up as I have no points!
Discretionary disqualification is an option.

https://www.gov.uk/highway-code-penalties/penalty-...


tenpenceshort

32,880 posts

217 months

Tuesday 22nd July 2014
quotequote all
ED209 said:
i suspect he is about to be disqualified, thats why the warrant has been issued. You cannot be disqualified in your absence.
That's not quite the case (although I don't believe Mags like to do so).

Mags Sentencing Guidelines said:
Disqualification in the offender’s absence

23. When considering disqualification in absence the starting point should be that disqualification in absence should be imposed if there is no reason to believe the defendant is not aware of the proceedings,and after the statutory notice has been served pursuant to section 11(4) of the 1980 Act where appropriate. Disqualification should not be imposed in absence where there is evidence that the defendant has an acceptable reason for not attending or where there are reasons to believe it would be contrary to the interests of justice to do so.

Some Gump

12,687 posts

186 months

Tuesday 22nd July 2014
quotequote all
uber said:
When I called I was told it was due to me not attending! I ain't no criminal
The grammar police disagree.

TooMany2cvs

29,008 posts

126 months

Tuesday 22nd July 2014
quotequote all
uber said:
ED209 said:
i suspect he is about to be disqualified, thats why the warrant has been issued. You cannot be disqualified in your absence.
I take it you are winding me up as I have no points!
Less than two years since you first passed a test?

CU80 is only a three pointer, but if they upgraded it to careless, or if there's something else on there, that's easily your six points before going back to provisional.

agtlaw

6,702 posts

206 months

Tuesday 22nd July 2014
quotequote all
tenpenceshort said:
ED209 said:
i suspect he is about to be disqualified, thats why the warrant has been issued. You cannot be disqualified in your absence.
That's not quite the case (although I don't believe Mags like to do so).
10p is correct. All West Yorkshire practitioners got a letter from the Clerk to the Justices not so long ago - it basically said, advise your clients that we have the power to disqualify in absence and we intend to use it more often than we used to.

agtlaw

6,702 posts

206 months

Tuesday 22nd July 2014
quotequote all
uber said:
In April I attended court after I was charged being on the phone and when I arrived the policeman put me in the wrong room which was full of traffic police where i sat for 3 hours until I went out and asked the healer chap who gave me into trouble and came back and told me i missed my appearance.

The allowed my case to be reheard and i was asked did I plead guilty or non guilty and at the time I thought that I would give my reason and be given the yes no verdict but instead I was sent home with a new date.

TBH I was a little freaked out about the first mix up and asked at the reception and the chap told me I would get a notification on the new date.

Today I decided to call as I thought it was taking its time and I got told the case was 2 weeks ago and I have a warrant out for my arrest!

They suggested I write in and ask for an invite which I will do today but is it possible to also change my plea to guilty in the letter? I really don't fancy another day in that court!
1. Ignore 99% of the well intentioned advice on this forum. Some of it is simply wrong.

2. Find out if the warrant is 'with bail' or without bail'. It's more likely that it's with bail. In the circumstances, you could simply attend your local police station, be arrested at the front desk, be given your next hearing date and leave. If the warrant is without bail then the position isn't so good. If that's the case then you should attend the police station nearest to the court building at 8 a.m. You will be arrested, put in a cell and taken to court in custody. Court proceedings typically start at 10 a.m. Do not attend later than 8 a.m. as you risk being held at the police station all day and potentially overnight.

You will be produced in court and asked about a new offence - failure to attend court. You will also be asked about the index offence - do you maintain your NG plea? If so, then the case will be adjourned and the court would have to consider whether or not to grant bail in the interim. If you plead guilty then the court will very likely sentence you immediately, the case concludes and bail isn't a consideration.

3. If the warrant is without bail then you may consider whether you remain at the address known to the police - they could attend at any time day or night. N.b. far better to hand yourself in than be arrested at home.

ETA - the aforementioned applies to England & Wales. If it's Scotland then ignore this.

Edited by agtlaw on Tuesday 22 July 19:01

Davie_GLA

6,521 posts

199 months

Tuesday 22nd July 2014
quotequote all
Why court though? If you were caught bang to rights surely you just hold your hands up and take the points and fine? Especially if your license is clean and its only 3 points.