Legal Question in Criminal Law in South Carolina

how long can you be held on a bench warrant if you were in jail at the time of your hearing


Asked on 11/15/10, 7:02 am

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

If you were in jail at the time that you were suppose to be in court and they then issued a bench warrant for not appearing, then that bench warrant can be lifted. "Lifted" is another word for dismissed. Assuming you have an attorney, that lawyer would need to contact the solicitor and show him/her proof that you were in jail at the same time as you were suppose to be in court and the solicitor can make arrangements to have the warrant lifted. If for some reason the solicitor doesn't want to do that, then the lawyer can file a motion with the court and request a hearing, at which time he/she will show the judge that you were in jail and ask the judge for an order lifting the warrant. It shouldn't be hard to do. Either you were in jail or you were not.

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Answered on 11/20/10, 1:06 pm


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