Legal Question in Criminal Law in
Bench warrant
I didn't know that I had missed a court date. I finally get the letter of summons and it's almost a month late. I obviously have a bench warrant. What should i do?
2 Answers from Attorneys
Re: Bench warrant
You should take care of this right away as you can be arrested at anytime up until a Judge orders the warrant quashed (not squashed). If you have a lawyer contact them right away. If you do not have a lawyer or you do not reach your lawyer, call the court that issued the warrant and ask how you quash a warrant. Most courts have a hearing calendar set for warrant quashes. Sometimes they have a fee for getting this hearing. Be prepared at the hearing to explain why you did not come to court. Written documentation is best showing that you moved (lease agreements) or were at work (a letter from employer). If you just missed court because you forgot be ready to explain to the Judge how you will not just forget again. Did you get a new appointment book you didn't have before?
If you had a good reason for missing court, ask the judge to reimburse the fee you had to pay to get the court date. Also, if the Judge quashes your warrant, do not leave the courtroom until you have a copy of his order. It takes a few days for the Judges order to get online and the police may arrest you in the meantime. Have a copy of the order so that you can show them that a Judge quashed your warrant.
Re: Bench warrant
Since you did not have notice of the hearing, you should be able to get the bench warrant quashed (dismissed). The easiest way would be to hire an attorney to appear on your behalf to quash the warrant. If you have a public defender, contact him or her to let them know you want to quash the warrant, and they will do it.
If you want to do this yourself, you should call the clerk of the court to find out how to get a motion to quash on the calendar for that court. Make sure to show up (early, in fact) to the hearing. Explain to the court that you did not get notice, and ask them to quash the bench warrant. If you have attended prior court dates, make sure to mention that you have had perfect attendance, except for this isolated incident. Be aware, though, if you have a bad record of missing court dates, the judge may not quash the warrant, and you may be required to post bail, or be arrested.
Nevertheless, you should act to clear this up as soon as possible. Feel free to call or email me with any questions: 206-522-4638, [email protected]
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