Legal Question in Criminal Law in Minnesota

So I have a body warrant in the state of minnesota for not completing my last consecutive sentence to commit 48 hour weekend in jail. I did call and inform the jail that the reason I was unable to make it there was because I had to rush my dad to emergency roomfor a very serious issue and he was supposed to be my ride to jail. The bailiff had told me as long as I came in within the weekend I would just sit the 48 hours and be done. She said to call before I came in to jail so not even 12 hours later I call as I was on my way to jail and they told me that she must have not looked at my record closely or good enough because it was not considered a consecutive weekend anymore and that there will be a body warrant out for my arrest that is being issued so they told me its pointless to go in right at that time. They said I had to wait til it goes thru in

the system. So my dad ended up being diagnosed with advanced stage 4 kidney cancer and I am the only person he has to care for him due to his terminal illness and I'm his voice when he is unable to make the decisions himself and I make all of his appts and take him to them. I want to take care of my warrant but they won't tell me how long I will be in jail for because its all up to the judges discression. And I can't turn myself in and be away from my dad Very long due to him relying on me. So i was thinking about Writting a letter about my situation but not sure who the proper person is to write to.

This is a state case in a county in minnesota and its a misdemeanor receiving stolen property charge.

Asked on 11/14/18, 8:49 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Normally where there is an body-only arrest warrant, no one in the criminal justice system will be willing to do anything until the warrant is satisfied. That happens when the fugitive either turns themselves in at a jail for booking and detention for court, or they are caught. Once booked into jail in the warrant, the warrant is gone. After that normally the person in custody will eventually see a judge for consideration of what to do next - release on conditions or more jail time.

A defense lawyer cannot guarantee that the above, normal course of events will not happen. Almost always it will. We can call the prosecutor about it, but they rarely care to do anything favorable.

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Answered on 11/14/18, 11:19 am

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