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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27374
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I am trying to get a bench warrant lifted for a contempt of

Customer Question

I am trying to get a bench warrant lifted for a contempt of court case in Colorado. It's for a case regarding a marital home so it's not criminal. When i was made aware of the hearing to plead I made the court aware using required documents that I would be out of the country (included my itinerary). I then received a court document saying that I could call in on a certain number and my ex-wife could too. The day of the hearing I called in early (I have cell phone records to prove it) however the judge issued a bench warrant for my arrest saying I didn't file the proper paperwork to call in. If that's the case why did they send me court documentation with a number to call in on. I called a total of four times and talked to the judge twice, but she was not very nice about the whole deal and didn't seem to care I was calling in from a third world country making every effort to satisfy the court. How do I go about getting the bench warrant lifted without turning myself in and having to post the bail/bond?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today.


The only way possible to get it lifted without turning yourself in is to hire a lawyer.

JD 1992 :

The lawyer can speak to the other side and the judge and try to get the warrant lifted.

JD 1992 :

It is by no means guaranteed that it will be lifted.

JD 1992 :

even with an attorney, but that is the only way to get it lifted without appearing yourself.

Customer:

Is this true for a non-criminal case? It seems odd they would provide me with a phone number to call after I submitted my itinerary and then give me a phone number to call in. I have been handling this myself because I don't feel the case warrants lawyer, but it looks like the court is basically trying to force me to hire one then.

JD 1992 :

While a failure to appear and the underlying case is a civil case, as opposed to a criminal one, contempt of court always runs the risks of jail time.

JD 1992 :

The court can sentence someone for up to six months in jail for contempt.

Customer:

That's true even though I talked to the judge via phone and I have proof of this? I called her 10 minutes prior to the stated time and she said to call back because another case was running late. I called back again as ordered and she said I need to turn myself in because a warrant was issued.

JD 1992 :

Yes, that is true. I think you would have a good defense but it is still possible.

Customer:

ok, thanks for your time and help.

JD 1992 :

You're very welcome.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27374
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 5 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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Dwayne B.
Dwayne B.
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Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.