my husband has a scheduled court appearance on october 31, but he will not be able to assist due to the fact he is in prison due to another case in another county. What do we do now? Will an arrest warrant be issued once he does not appear in court on october?
Answer
The court will issue a bench warrant which will require that your husband be brought before the court when he is released from his current period of incarceration.
But what he should do is make a 1381 request by talking to his counselor or jailer while he is incarcerated. Then the court where he has the October 31 court appearance will have 90 days to come get him and to put him on trial.
There are a few exceptions to this but without knowing why he is scheduled to be in court on October 31 I cannot provide more information.
Answer
yes if he has an attorney ... if not, a warrant will be issued ... and will be easily cleared up later with proof your husband was in custody at the time - one of the few good excuses for not being in court. Good luck!
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