Thursday, May 12, 2011

We Don't Have Debtor's Prisons in this Country!

I was court appointed to represent a client back in 2010 on 5 misdemeanor charges.  The orders appointing me indicated that I was appointed without reimbursement, meaning that my client was so poor that he was not ordered to pay the court back for my representation.  The cases were disposed on October 1, 2010, and he was released from jail having fully discharged his sentence on October 27, 2010.

Earlier this month, May of 2011, 6 months after the case is totally over, my client calls me and tells me that there are 5 warrants for his arrest for his failure to pay court costs!?  We don't have debtor's prisons in this country!

So, I immediately started researching and preparing Motions for Recall of Capias Pro Fine Warrant for Issued for Non-Payment of Indigent Court Costs.  I am very happy to report that the judge waived all court costs and recalled all of the warrants that had previously been issued for my client's arrest for his inability to pay the court costs.  He was never arrested on these warrants, thank goodness.

I am very proud of him for standing up for his constitutional rights rather than just ignoring the warrant notices or laying out time that the judge ordered but that is completely unconstitutional.  Today has been a good day in Denton for my client and our constitution!

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