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Ive just been informed by DMV that I have a 22yr

Resolved Question:

I''ve just been informed by DMV that I have a 22yr old ""failure to appear " for an OUI and A&B on a police officer,how should I proceed when I appear to have the warrant removed?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 6 years ago.
HiCustomer Thank you for asking your question on Just Answer. The other Experts and I are working on your answer. By the way, it would help us to know:

-Could you explain your situation a little more? Do you have a court date yet or do you need the warrant lifted?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.
Customer: replied 6 years ago.
No court date, need to have the warrant lifted
Customer: replied 6 years ago.
Thought I indicated in my original question that I needed to have the warrant removed
Expert:  FloridaLawyer replied 6 years ago.

Hello ,

You have two options. The first and best option would be to file a "Motion to Recall Bench Warrant" in the court that originally issued the failure to appear warrant. In the motion, you can explain why you didn't appear for court all those years ago and advise the court of your intention to address and resolve the case. In the alternative, you may file a Motion to Surrender and Set Reasonable Bond and appear in court at the hearing to "turn yourself in" and request a release on your own recognizance, or a low bond amount.

Either option would resolve the issue but as old as your case is, I believe a Motion to Recall Warrant and/or a Motion to Dismiss would be your best option.

In either event, if the judge doesn't dismiss the case due to its age, you will have to go through the normal prosecution process to resolve the criminal case.

I hope this helps!

MDonnelly

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Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

FloridaLawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 741
Experience: Former State Prosecutor, licensed attorney with active criminal defense practice
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Former State Prosecutor, licensed attorney with active criminal defense practice