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Is it lawful to issue a failure to appear warrant while in custody?

My son was released on February 4th from jail. However he had a court review in an adjoining county for January 24. I called his public defender who had already know he was in jail and I am not sure if he got the message that my son was still in custody. The judge issued a failure to appear warrant for my son as a result. Is this lawful and what do I do?


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    Maurice Ross | Barton Barton & Plotkin
    420 Lexington Avenue
    New York, NY 10170
    (973) 896-7190
    Yes this is lawful. His attorney should have notified the Judge in the second case that your son was in jail. The problem is that public defenders assigned to one case may not be assigned to the other case-your son probably had more than one public defender. If so, then it is easy to understand how the public defender assigned to the second case in an adjoining county would not have been aware that your son was in custody. The judge did nothing wrong by issuing the warrant, but your son's lawyer should be able to clear this up with the Court. This is another example of why it is so much better for most people to retain private legal counsel rather than rely on the public defender system. Public defenders have enormous case loads and lack the resources necessary to handle them properly and effectively.
    Answer Applies to: New York - Replied: 2/20/2014
    Lawrence Lewis, PC | Lawrence Lewis
    242 Culver Street, Suite103
    Lawrenceville, GA 30045
    (678) 407-9300
    It is lawful when the authorizes as unaware that the person is in jail.
    Answer Applies to: Georgia - Replied: 2/19/2014
    Jeff Yeh | Law Office of Jeff Yeh
    3810 Wilshire Blvd., Suite 1110
    Los Angeles, CA 90010
    (213) 446-2495
    You need to hire him a "real" lawyer. You get what you pay for.
    Answer Applies to: California - Replied: 2/18/2014
    Joshua T. Terrell | Terrell Law Office L.L.C
    283 W Hwy 60
    Republic, MO 65738
    (417) 647-2212
    The short answer is yes, it is lawful for a Court to issue a FTA warrant when a person is in custody in another jurisdiction and the warrant is often used to delay the release of the accused. Since your son was released without being transferred to the other county he should immediately appear in that county with any paperwork he may have received from the jail. The Court will often, but not always, withdraw the warrant and set a new court date. If his Public Defender has both cases then they may make a motion reflecting the reason for the failure to appear. If not, you should look into hiring an attorney for the unrepresented county (charges) where the warrant was issued. I hope this helps.
    Answer Applies to: Missouri - Replied: 2/18/2014
    Steve Freeborn | Freeborn Law Offices, P.S.
    33400 9th Avenue S. Suite 208
    Federal Way, WA 98003
    (253) 838-4477
    Yes, it is lawful. There is nothing unusual or illegal about it. All judges do it. The reason judges do that is to keep the statute of limitations from running.
    Answer Applies to: Washington - Replied: 2/18/2014
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