Legal Question in Criminal Law in Michigan
Can I file an appeal on a bench warrant?
My uncle falsely accused me of stealing his laptop computer. He contacted the authorities and they placed a bench warrant out for my arrest. There was no investigation done, the detective just believed his story. Shouldn't there have been an investigation? Can I appeal the warrant if I feel my rights were violated? If so where can I do that without getting arrested?
2 Answers from Attorneys
Re: Can I file an appeal on a bench warrant?
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Re: Can I file an appeal on a bench warrant?
A bench warrant is issued when you don't show up for court in spite of being notified to do so. You cannot appeal.
Unless you want this around your neck until the next time you're pulled over for a traffic violation (in which case you'll be taken into custody and held for arraignment), you should call the court and ask the clerk the amount of your bond. Once you get the bond amount collected, you should show up at the court and appear before the magistrate who will release you on the bond and schedule a pretrial or an exam date which you must attend (If you don't they may come and get you this time).
In any event, you need a lawyer. If you cannot afford a lawyer, the court will appoint you one at your arraignment if you request.
No officer who comes to arrest you for failing to appear at court is going to listen to your reasons - its an automatic arrest. You go directly to jail.
If you force the police to come and get you, your bond will be increased and you may just sit in jail until everything gets resolved.
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