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What options are available when Pro Se Motions are denied?
Anonymous7 views3 answers
I have 2 old traffic cases (from 2012 and 2013) in which there is a failure to appear on each and 2 open warrants. I filed a Pro Se Motion to Withdraw Capias on both cases and both were denied. The JA advised me she was unable to explain why they were denied. I do not have the funds to hire an attorney to assist me in this manner so I am at a loss for options at this point.
Typically a motion to withdraw a capias must be set for a hearing. If the motion is denied at a hearing, you will be taken into custody.
If you received a blanket denial of the motion filed, there could be any number of reasons to something as simple that you did not lay out the proper support in the motion to withdraw so the judge denied it out of hand.
While you can not afford an attorney, you need to weigh that vs affording to be taken in on a warrant and sitting there until a traffic case is resolved.
This is one of those issues that spending some money on an attorney could save you way more in time and stress, especially on a traffic case. You would be kicking yourself if you had to sit at orient rd jail for days waiting to resolve this case.
An attorney could, if your facts allow for it, negotiate out the resolution of the case and deal with the capias all at the same time and without you having to live under the stress of living with this over your head.
Traffic cases are usually reasonably priced by attorneys and the peace of mind is worth it.
You always stand a better shot with a skilled and experienced criminal defense lawyer at your side but the Judge is under no obligation to set-aside your capias'. Once entered and until served the warrant exists in perpetuity at the pleasure / discretion of the issuing authority (the Judge).
If you have applied for and been denied relief then, as I see it your options are as follows: 1) Try again; 2) Schedule a hearing date, surrender in open court and hope that you can close your cases then and there or be issued a bind; 3) Surrender at the jail and wait to be taken before the Court; or 4) Do nothing and wait until you get picked up sometime somehow somewhere on the warrants.
I'm sorry but there's not much more that I can tell you given your proffer.
Still, I hope that I have been helpful in answering your question.
Well - you'll have to set a hearing date on both and appear in court in person, but yes, the judge can take you into custody. Traffic attorneys do not charge much but can save you a whole deal of pain. I'd recommend going in with an attorney.