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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102145
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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This question is for Eli my fiance missed court on a $5 pick

Customer Question

This question is for Eli:::my fiance missed court on a $5 pick pocket charge>>he was very ill morning of court and contacted his court appointed lawyer and baildsbondsmen>>a day later he was hospitalized for a week<<,now he just found out that he has a warrrent for failure to appear. How would he go about getting his lawyer to file a motion to squashwarrent for FTA and get a new court date wirhout being arrested. can his lawyer provide his hospital documentation to squash warrent and obtain new court date for the $5 pick pocket charge without them arresting him?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ely replied 5 years ago.
Hello and thank you for requesting me!

What the attorney has to do is to file a Motion to Quash the warrant, explaining what happened and also bringing forth evidence of the illness and the hospitalization. The Court, upon agreement (if all goes well), would drop the warrant and reset the court date as needed, if needed. His attorney should be able to do this without an issue. So yes, this is possible and he or you on his behalf should instruct the attorney to do so.

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