Q: Is it legal to keep someone incarcerated for missing court due to clerical error?
My fiancé was arrested in 2022 on charges of credit card fraud and possession of meth. Due to his epilepsy causing seizures while in custody, he was released on an OR bond and has been awaiting his court date. He was arrested again five weeks ago on a bench warrant for failure to appear in court because the clerk of court entered his address incorrectly in the system, resulting in him not receiving the court notification. We have informed the DA and the public defender about the situation, and the clerk has corrected the address. Despite several assurances from the court and the judge's assistant, my fiancé is still being held because the DA refuses to reinstate his bond. Is it legal for them to keep him incarcerated given that the missed court appearance was due to an administrative error?
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A:
You shouldn’t remain jailed simply because the court clerk mistyped your address and you never got notice. Due process requires that you receive proper service and a fair opportunity to appear before a bench warrant can stick.
You can ask the judge to recall or quash the warrant and reinstate your original OR bond by filing a motion that explains the administrative mistake, attaches proof of the corrected address, and shows you acted in good faith. That motion can be heard on an expedited basis once you bring it to the court’s attention.
If the district attorney resists, remind the judge that refusal to restore your bond under these circumstances risks punishing you for no valid fault. Seeking help from your public defender or retained counsel to press that motion will get you back in front of the court quickly.
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