What is the protocol to get a Bench Warrant Set-Aside? ~ "Best Answer" on AVVO.com ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1
Q: What happens in a hearing when a motion a motion to set aside a bench warrant as been filed? I'm just curious about what happens in a hearing to set aside a bench warrant? I realize a ex friend of mine had a warrant out for her arrest since September of last year and now she is trying to get it resolved...in the docket it said that she was driving with a out of state driver's license while fl driver's licenses was suspend and prior to that she also got caught again. A warrant was issued with a 2000 dollars bond for failure to appear. So I would like to know what usually happens in the hearing and what are the chances she might end up in jail or pay a fine? she was also caught without insurance and a valid registration.
Answered . She can either post the $2,000.00 bond (which will automatically quash the warrant) or she can appear before the Court and ask that it be set aide.
The point of filing a motion a motion to set aside a bench warrant is to, hopefully, avoid having to post the bond (note that in many cases there is no bond associated with warrants, leaving the subject no option but to appear, whether on one's own accord, voluntarily through the front door of the Courtroom, or involuntarily, and "through the back door" in cuffs), and to humbly ask the Judge to give the Defendant a "do-over".
Every case and every Judge are different (and Judge's moods can swing like a pendulum from day to day) so there's no telling what will happen in a given case ("expect the unexpected" I always say) but, here in the 305, where I've been practicing for almost a quarter of a century, most all County Court (criminal traffic) Judge's will set aside a FTA (failure to appear) Bench Warrant where the Defendant voluntarily appears in Court. (Note that some may make her do a Mia Culpa, others not, but either way so long as she takes it to the Judge - as opposed to her being taken to the Judge - then the odds for a favorable outcome are excellent).
Note that setting aside the warrant is important but she still has a case and she needs to defend it. Further, many Judge's will take the opportunity og "doing her a favor" to squeeze a favor out of her - i.e. to get her to close her case then and there (as that drops the Judge's audit by one (1), and every case on a Judge's audit counts). In that regard she should not being going in alone and should have a skilled and experienced criminal defense lawyer with and working for her.
I hope that I have been helpful in answering your question.
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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!
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