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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 24505
Experience:  Active member of the NYS bar since 1989
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I lived I oklahoma back in 1996. I had a bad check in 2005.

Customer Question

My name is***** lived I oklahoma back in 1996. I had a bad check in 2005. I no longer live in oklahoma. Haven't lived there in 12 years. Have no plans on going back. Apparently this is still there and there is a bench warrant. What can I do
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.

Hello,

Unfortunately, there is only one way to get rid of a warrant, and that is to have it vacated by the court that issued it in the first place. This means that either you or a lawyer who is representing you must go back before the judge and resolve your open case. I cannot say what you'd be required to do for that case, as it will depend on what its status was before you left it.

That is, if you took a plea and were sentenced to certain requirements, those requirements must still be carried out before you can close the case. If you never pled and the case is still open, if the state still has their paperwork and their witnesses available, they can proceed to prosecute you as if you'd been arrested only yesterday. If they can't get all that together any more, the case may be dismissed.

The biggest problem you've got is that warrants are always bad news situations. In the eyes of the judge, at least initially, you will be seen as a fugitive from justice, and the judge has the power to incarcerate you and set bail so that you can't disappear again.

The safest way to return on any warrant is always to get a criminal attorney involved so that before you come before the judge he has done all that is possible to negotiate a safe return for you and keep you at liberty. He may be able to work something out with the prosecutor, or negotiate to get the matter dismissed so that you won't ever have to appear. But in general, you can't count on that. If you're not inclined to ever appear on the case to finally dispose of it, there may be nothing that the lawyer can do to solve the problem. But you can consult with one and see, since the state may no longer be in a position to go forward and that's how you could safely find out.

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