How To Get Rid Of A Bench Warrant
A Bench Warrant is a written order by a estimate directing law enforcement to arrest someone and bring them before the Court. Bench Warrants usually arise when someone is charged with a crime and then fails to appear at Court when directed. If you had a Bench Warrant issued against you, it’s not the end of the world but you will want to take care of the warrant as soon as possible. the time of action of getting rid of the warrant is called “Quashing the Warrant.”
There are several ways to get rid of a bench warrant: contacting the Court, having your attorney file a Motion to Quash, or sit back and do nothing. No matter which decision you make, you will ultimately have to go before a estimate and ask them to remove the warrant.
Contacting the Court
Every Court will have a procedure in place for dealing with Bench Warrants. You can contact the Court, either by phone or in person, and ask them what you will need to do. Most courts will allow you to call their Clerk’s Office and ask about the procedure in your case. Before the Clerk’s Office will set a hearing for you, you will need to come down and make a personal turn up. Depending on the circumstances, they may require you to pay a fee or post a bond before they will set the hearing.
Remember that having a Court set a hearing to determine if a Bench Warrant will get quashed is NOT the same thing as truly having it quashed. The warrant will keep active until a estimate signs another order quashing it.
Motion to Quash
The easiest way to get rid of a Bench Warrant is to have your attorney do it for you. He or she can contact the Court and ask for a hearing before a estimate. This is generally achieved by filing a Motion to Quash Bench Warrant. Although some courts will require a personal turn up by the Defendant before allowing any hearing to be set, most won’t.
Sit back and do nothing
Believe it or not, this is the most shared way of dealing with a bench warrant. The downside of this method, of course, is that you have no control over when you get picked up. The only thing you can be sure of is that it will happen at the most inconvenient time. For example, if you are stopped for a minor driving offense and have kids in the car; who will take custody of the kids while you are on your way to jail?
What happens if the warrant is not quashed?
If the warrant is not quashed, then you will be taken into custody and you will keep there until either the case is finished or a estimate grants another Release Order.