Arrest warrant without set court date filed, denial to 6th?

Previous | Next
 rated by 0 users
Latest post Fri, Mar 1 2013 4:41 AM by DOCAR. 6 replies.
  • Tue, Feb 26 2013 7:48 PM

    • Bcarter12
      Consumer
    • Not Ranked
    • Joined on Wed, Feb 27 2013
    • OK
    • Posts 2

    Arrest warrant without set court date filed, denial to 6th?

    I currently have an outstanding warrant for my arrest in Oklahoma, but a court date is no where on record. Is this a denial to the 6th amendment? It seems my right to a speedy trial is nonexistent here. I understand if I were detained a court date would be set immediately, but still it seems the initial charge was filed incorrectly. Do I have an argument here? 

    I am in the process of hiring an attorney. Any advice is much appreciated.

  • Tue, Feb 26 2013 8:00 PM In reply to

    Re: Arrest warrant without set court date filed, denial to 6th?

    Bcarter12:
    I currently have an outstanding warrant for my arrest in Oklahoma, but a court date is no where on record. Is this a denial to the 6th amendment?

    No. Why would the court set a hearing date when there is no way to know if you will even appear? Most people that show on arrest warrants are brought to the court after having been arrested on that warrant rather than voluntarily surrendering on the warrant. The court has no way to know when the suspect will be arrested and brought before the court. What will happen if you wait until you are arrested is that you'll be brought before the judge or magistrate within a relatively short period after the arrest. If you voluntarily surrender, though, you'll have more flexibility in scheduling this. An attorney would likely be a great help to you in that process.

  • Tue, Feb 26 2013 8:02 PM In reply to

    • DPH
      Consumer
    • Top 10 Contributor
    • Joined on Mon, Oct 8 2001
    • TX
    • Posts 7,639

    Re: Arrest warrant without set court date filed, denial to 6th?

    Bcarter12:
    I currently have an outstanding warrant for my arrest in Oklahoma, but a court date is no where on record

    How could there be a court date if you haven't been arrested?

    Bcarter12:
    It seems my right to a speedy trial is nonexistent here

    You're putting the horse before the cart.  Get yourself arrested first and then worry about a trial date.

    Bcarter12:
    I am in the process of hiring an attorney. Any advice is much appreciated.
     

    Good for you.  You should seriouslyy consider arranging to turn yourself in to the authorities.  The warrant isn't likely to go away.

     

    "Never argue with stupid people, they will drag you down to their level and then beat you with experience."  -  Mark Twain

     

  • Tue, Feb 26 2013 8:54 PM In reply to

    • Bcarter12
      Consumer
    • Not Ranked
    • Joined on Wed, Feb 27 2013
    • OK
    • Posts 2

    Re: Arrest warrant without set court date filed, denial to 6th?

    Ah, I understand. This is my first experience with criminal charges. I'm reaching here, friends. 

    I have already contacted the court district, the judge's office, and the D.A. to inform them I will be turning myself in promptly after consulting a lawyer, and notify them ahead of time. The receptionist at one office was trying to convince me that I didn't need an attorney to turn myself in, but I informed her I will not be stepping inside the courthouse without one. Thank you very much for your speedy answers and advice. They are much appreciated.

  • Thu, Feb 28 2013 4:40 PM In reply to

    • Kemp Legal
      Lawyer
    • Not Ranked
    • Joined on Thu, Feb 28 2013
    • TX
    • Posts 1

    Re: Arrest warrant without set court date filed, denial to 6th?

    Rights are not asserted unless they are done "in person" or via some document filed in court. The right to speedy trial must first be properly asserted by your or your lawyer in the court of jurisdiction and then the judge will determine whether you actually have a right to a speedy trial. Hiring a lawyer in Oklahoma or one that is licensed in Oklahoma is the best thing to do. That lawyer will likely be able to get you a bond so the warrant goes away and also a court date. The Court will not likely place you on their docket (meaning give you a court date) until you have posted bond or made arragements to come to court, or when you are arrested.

  • Thu, Feb 28 2013 5:03 PM In reply to

    • FallenM
      Consumer
    • Top 500 Contributor
    • Joined on Fri, Feb 22 2013
    • DC
    • Posts 96

    Re: Arrest warrant without set court date filed, denial to 6th?

    You needn't communicate with anyone before turning yourself in, let alone "the court district, the judge's office, and the D.A."  :)

    I wouldn't presume a "court date would be set immediately" if you're jailed, but it depends on what you mean by "court date" (you may not be thinking of arraignment).

    Best to get off the internet (but for the discrete/singular purpose of scoping out prospective attornies).

  • Fri, Mar 1 2013 4:41 AM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,206

    Re: Arrest warrant without set court date filed, denial to 6th?

    Bcarter12:
    I have already contacted the court district, the judge's office, and the D.A. to inform them I will be turning myself in promptly after consulting a lawyer, and notify them ahead of time.

    None of which will prevent you from being arrested on the warrant should you be stopped by the police for a traffice violation for example.

Page 1 of 1 (7 items) | RSS

My Community

Community Membership New Users: Search Community