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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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Can a warrant for arrest be issued for an individual missing

Customer Question

Can a warrant for arrest be issued for an individual missing a court hearing if that individual is in custody in another state?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 7 years ago.
If the court is unaware that he individual is in custody at a different jurisdiction, then the court can issue a bench warrant.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Customer: replied 7 years ago.

 

The state was made aware that the individual was already in custody and they still filed a nationwide warrant. I have heard this is not legal, but need to know which law or motion should be filed to get warrant lifted.

 

Expert:  Dimitry Esquire replied 7 years ago.
Is this a Minnesota warrant?
Customer: replied 7 years ago.
Yes. This is a warrant issued by the state of MN, however it is a nationwide warrant (he can be arrested in any state.)
Expert:  Dimitry Esquire replied 7 years ago.
I looked and I could not find a specific form for Minnesota that you would need to use. It appears that you just have make a formal motion to the court and ask the court to rescind the warrant. However, I will opt out and have an Minnesota licensed Expert attempt to assist you.

Sincerely,

Dimitry Alexander Kaplun, Esq.
Expert:  Samuel II replied 7 years ago.

hi

 

there is nothing precluding a court from issuing that bench warrant even if they knew where he was located. what happens is it goes into a nationwide database, regardless. but it was lodged as a detainer so that the person can be detained after doing the time in the other state. what they can do at that time is to waive extradition or not. if they do not waive the extradition then the other state will come and pick them up.

 

the only way you can get that bench warrant lifted is to file a motion to have it recalled - however, very unlikely that will happen. but issuing the warrant even though they know he is incarcerated elsewhere is not illegal. it mere ensures that he will be returned to the other state.

 

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience: Handle criminal matters in both state and federal courts.
Samuel II and other Criminal Law Specialists are ready to help you