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Old 05-03-2013, 11:35 PM   #11
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Your DH doesn't have an outstanding warrant does he? Honestly, I am wracking my brain trying to figure out what the ticket could have said thay would have mandatory jail time without an opportunity fir a trial.
Nope. No warrant or record or anything. I don't completely understand either (DH is one of those people who don't explain very well). I will recommend he all a public defender on Monday.

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Old 05-04-2013, 12:14 AM   #12
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The whole thing sounds sketchy. No record, no warrants, ticket was for a minor fix-it offensive, and he's facing jail time? Two weeks in jail is no joke. I'd be contacting the officer or the officer's superviser to have the error fixed ASAP.

If you weren't in court with your DH, is there any chance he's lying to you about the situation?
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Old 05-04-2013, 12:49 AM   #13
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You don't just get automatic jail time, for anything, not even a murder, without a trial. He has every right to a trial and must push it. So he needs to take it to a trial. Whatever the judge says he needs to claim not guilty and get a public defender, unless he already said he was guilty, in which case, he really needs a public defender now. Something is not right.
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Old 05-04-2013, 12:59 AM   #14
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I'm not meaning for this to sound offensive in any way, so please don't take it that way. But, is it possible that maybe your DH DOES have a warrant out or anything like that, that he is keeping from you? You don't just get two weeks of jail time like that for no reason.. It seems like there is more to the story for sure.
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Old 05-04-2013, 01:03 AM   #15
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Re: Dh may have mandatory jail time

I have to agree with the other moms. I am by no means saying your dh is lying, but I think hes not giving a full story, because there is no check here for jail time option. Even if the cop screwed up and gave him false charges I do not see how there would be mandatory jail time without a trial. I think dh needs to be straight up honest and you need a lawyer. It will be on his recoird and could affect things like future employment. Even if just a public defender you need representation.
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Old 05-04-2013, 03:47 AM   #16
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Speaking as an LE Officer, there is no check box on any citation I have ever seen that you can "check" for jail time. Now, if the citation was written wrong (wrong offense), then that may be the maximum penalty imposed- however, that type of penalty would usually not be for a minor traffic infraction, UNLESS it was combined with a criminal offense, or if the state you live in has criminalizes traffic code.

Even then, jail time wouldn't be applicable unless it was decided by a judge, and he was convicted. Usually traffic court is all misdemeanor or infractions, and the only way you would face jail time is if it was a repeat offense, or if he failed to appear for a citation. (Which doesn't sound like the case)


Even DUI's usually spend one night (or however long it takes for them to get sober enough to be released in most states), and IF they are convicted then can face additional time/fines. But, it isn't automatic "jail time" that is assigned to the charge.

Can I ask what state you are in (if US), and what the statute was he was charged with? Ask him to see the copy of the citation the officer provided him with- it will be on there.

Best advice is to call the department the officer works for, talk to the officer AND his supervisor, and also contact the Public Defender's office or a lawyer.

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Old 05-04-2013, 05:32 AM   #17
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I would contact my local public defenders office on Monday. Something seems fishy.
This definitely unless like bqck child support to some else I see & csru took away liscense & all that....
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Old 05-04-2013, 05:43 AM   #18
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Re: Dh may have mandatory jail time

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Originally Posted by eco-mum View Post
I'm not meaning for this to sound offensive in any way, so please don't take it that way. But, is it possible that maybe your DH DOES have a warrant out or anything like that, that he is keeping from you? You don't just get two weeks of jail time like that for no reason.. It seems like there is more to the story for sure.
Yeah, I have been pulled over more than a few times, for various things from expired plates to speeding, have seen all sorts of tickets and warnings. I have been to traffic court, even missed being called because I couldn't FIND the court (ie I was late) and they issued a warrant for failure to appear (which was cleared up because I was only showing up to pay and when I got their and paid they cleared it.) And even a warrant for failure to appear doesn't result in "manadatory" jail time.

I hate to say it, but either your DH completely misunderstood, or he's hiding something from you. Was his license suspended for anything?
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Old 05-04-2013, 06:31 AM   #19
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A bench warrant would have had him pulled in right then and there. This sounds very odd. Regardless, if my husband had to serve jail time for two weeks, it would be a big deal, and we'd be calling or lawyer right away. Good luck - it sounds like you don't know the full story op.
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Old 05-04-2013, 06:38 AM   #20
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OP - Are you having complications with the pregnancy? Is there a chance he could be keeping something from you because you're so close to your due date? I agree that something doesn't seem right here. Under normal circumstances, I would call a lawyer myself.

I can't imagine how you're feeling right now. Not just to miss the birth, which is awful enough, but to also not have him physically there to support during those first two weeks of life. I hope things clear up soon. Take care of yourself, take care of your baby. Hugs.
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