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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32939
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

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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?

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.

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