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FloridaLawyer, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  Former State Prosecutor, licensed attorney with active criminal defense practice
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Ive just been informed by DMV that I have a 22yr

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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?
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 9 years ago.
No court date, need to have the warrant lifted
Customer: replied 9 years ago.
Thought I indicated in my original question that I needed to have the warrant removed

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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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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