mittimus

C

cute1

New Member
Jurisdiction
Colorado
I have a family member who has been sentenced to 90 days in jail for 3 DUI convictions (work release was granted) and I noticed that almost 2 weeks after he was remanded into custody, he was in court again; and his public records page is showing: "mittimus review" and "mittimus processed". A motion was then filed an hour later. What does all of this mean? Thanks
 
KatDini ... I found the definition of mittimus myself. I guess what I am wondering ... is his record just noting that this warrant was issued and addressed and he is now in jail (are the terms jail and prison used interchangeably?) OR ... does this mean he is going from jail to prison???
 
cute1 said:
KatDini ... I found the definition of mittimus myself. I guess what I am wondering ... is his record just noting that this warrant was issued and addressed and he is now in jail (are the terms jail and prison used interchangeably?) OR ... does this mean he is going from jail to prison???
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No one can say definitely, because the description is too generic.
I'm guessing he may have had his work release privileges changed, or even revoked.
If that's true, the sheriff would require a mittimus to to legally confine the person in the jail.
Normally a person doesn't need a mittimus to issue to go to the penitentiary.
A stint in the penitentiary is accomplished via sentencing.

Jail and prison are not the same.
People can only be sentenced to jail for a year or less.
People go to prison when they receive a minimum sentence of one year and one day, or more!
 
Hmmmm .... he is still working ... still riding his bike back and forth to work ... I wonder what the heck is going on ... Thanks!
 
cute1 said:
Hmmmm .... he is still working ... still riding his bike back and forth to work ... I wonder what the heck is going on ... Thanks!
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As I said, those descriptions are vague by design.
You see him daily, pedaling here and there.
It could simply be that the paperwork has finally caught up to real life.
 
My question is when a mittimus is entered whats does that mean I was 5 days late ony fine payment n now there's been a mittimus entered? Does that mean I'm going to jail? God I hope not?
 
Natasha85 said:
My question is when a mittimus is entered whats does that mean I was 5 days late ony fine payment n now there's been a mittimus entered? Does that mean I'm going to jail? God I hope not?
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A mittimus is a very special writ.
It functions like an arrest warrant, but it orders any peace officer to take into custody the named person and the sheriff of the county jail, or warden of a state prison to take into custody the person named.

Essentially, Iowa uses a mittimus in some cases like a bench warrant.

A bench warrant commands any peace officer to arrest the person named and bring them before the judge issuing the warrant at the next scheduled session of the court.

But, a mittimus orders a person to be confined, eventually to appear before a judge.

It might mean you've been revoked.
A mittimus issues if the court believes a probationer isn't fully complying with ALL terms of probation.

I suggest you talk to a bail bondsman. Bondsmen often can arrange bond in some cases.

907.3 DEFERRED JUDGMENT, DEFERRED SENTENCE, OR
SUSPENDED SENTENCE.
Pursuant to section 901.5, the trial court may, upon a plea of
guilty, a verdict of guilty, or a special verdict upon which a
judgment of conviction may be rendered, exercise any of the options
contained in this section. However, this section does not apply to a
forcible felony or to a violation of chapter 709 committed by a
person who is a mandatory reporter of child abuse under section
232.69 in which the victim is a person who is under the age of
eighteen.
1. With the consent of the defendant, the court may defer
judgment and may place the defendant on probation upon conditions as
it may require. However, a civil penalty shall be assessed as
provided in section 907.14 upon the entry of a deferred judgment.
Upon a showing that the defendant is not cooperating with the program of probation or is not responding to it, the court may withdraw the
defendant from the program, pronounce judgment, and impose any
sentence authorized by law. Before taking such action, the court
shall give the defendant an opportunity to be heard on any matter
relevant to the proposed action. Upon fulfillment of the conditions
of probation and the payment of fees imposed and not waived by the judicial district department of correctional services under section
905.14, the defendant shall be discharged without entry of judgment.
Upon violation of the conditions of probation, the court may proceed as provided in chapter 908.



Here are a few samples:

http://www.scottcountybar.org/Judgment-Sentence Form Rev 7-30-14.pdf
 
OK well I'm frm Illinois here is a link I'll send u everything is free it juidci and go to welcome page n select a county go to Fayette n when it loads there will b a box at top n type in Peters,n n go to the 2003 case n read under history and then we go from there

I'm on no probation no child abuse or rape case simply meth charges
 
Natasha85 said:
OK well I'm frm Illinois here is a link I'll send u everything is free it juidci and go to welcome page n select a county go to Fayette n when it loads there will b a box at top n type in Peters,n n go to the 2003 case n read under history and then we go from there

I'm on no probation no child abuse or rape case simply meth charges
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Okay, I checked your case.
I have my own sources.
You have a looming problem.
I suggest you start by calling a bondsman to see about arranging bond.
Then contact your lawyer, or find a lawyer.
Check with the county sheriff.
There seems to be an arrest warrant out for some probation failure to comply issues, probably sporadic payment of your fines, fees, or costs.

I'll check for more data when I can get to my computer.
I'm limited as to what I can see on my iPad.




Are you on parole?

Did you serve ALL of your prison time in FULL, as in MAXED out?

Looks as if you were convicted of TWO meth charges, both felonies (class 2 & 4).

One from '03, the other '05.

Were you required to make restitution, pay fines, fees, court costs that remain unpaid?
I see where you were making periodic small payments over many months.
Then the payments stopped, or became to be erratic and late, and that seems to be what has irritated someone.

If you're on paper, as in PAROLE, that changes many, many options for you.
 

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