Can you be Arrested at a Hearing on a Motion to Quash a Bench Warrant? ~ Chosen as "Best Answer" by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1
Q: Can you be arrested on a motion to squash bench warrant hearing? My cousin was arrested on felony charges last year (grand theft 3rd degree), she got into some sort of pretrial diversion program but wasn't able to complete it, a court date was set after her failure to complete the program, she missed it (4 months ago) and a bench warrant was issued. Her State appointed attorney filed a motion to squash such warrant and there's a hearing in a few days. She has a prior for petit theft (recent, misdemeanor), can she be taken straight to jail if the judge denies her motion? What can she expect? Thanks!
A: Chosen as "Best Answer" by Asker on www.AVVO.com
Answered . Yes. On a showing of good cause the Judge can, and probably will, set-aside the warrant without taking your cousin into custody. However the Judge is not obligated to set aside the warrant and s/he is free to take your cousin into custody.
That said most of our local 305 Judges are tolerant and will accept a mea culpa from a repentant Defendant who humbly appears, acknowledges their error and promises not to screw up again.
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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