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University of Arkansas - Little Rock
J.D. (1982) | Law
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A: "It was years back" is a real problem with your case. An overbearing judge may have unintentionally misled you. You were probably not in a state of mind to appreciate what was happening to you at that time as well. What you describe is fraught with problems from a legal perspective. However, even violations of your rights that may rise to the level of a Constitutional deprivation must be timely challenged. Based on your statement only, I suspect that it is too late to pursue a remedy in the courts. You might be a good candidate for executive pardon or clemency. That process is an appeal to the Governor to review your case and determine if justice will be served by granting you this extra judicial relief. You may hire an attorney for that purpose or pursue that course yourself. The process can be tedious and it must be done correctly to have a chance at getting this extraordinary relief. You really need an attorney to assist you.
A: You might have to finish 8 months and more! You are subject to being sentenced to the maximum sentence that you could have received at the time you got the probationary sentence. You might also serve the remainder of your sentence in jail or prison rather than on probation.
A: "No" is the easy answer. That is, not with the intent to ambush a citizen with a warrant to get an existing bail bond revoked. The problem is that there is no requirement that all existing warrants be served at a given time. Warrants can become stale or subject to attack for several reasons though. As a practical matter, your husband, through his attorney, needs to seek to reduce that bond and disclose to the court that there is a warrant that has not been served. If the court has jurisdiction, it may consider the outstanding warrant and set a reasonable bond that will cover both or several cases. You do not explain how you are aware of the warrant. My guess is that your husband may have been served and doesn't realize it. Sometimes when one is arrested and taken into custody the stress of the situation is such that events occur that an accused may not appreciate. He needs an attorney.