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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 28363
Experience:  10+ years defending Misdemeanor and Felony cases.
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My ex daughter in law took my sons to court while he was out of the country on child

Customer Question

My ex daughter in law took my son's to court while he was out of the country on child support.. A bench warrant was issued for him. Will he be taken to jail from the airport?? how can he come in without taken to jail so he can appear in court?
Submitted: 5 years ago via ChildSupportLaws.
Category: Criminal Law
Expert:  CrimDefense replied 5 years ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand your concern. It is very possible that once he attempts to return, he will be arrested, taken into custody and then either me held or be able to bond out, if a bail is set. However, your son could avoid this but the warrant would need to be lifted, prior to him returning. To do this, an attorney would need to be retained and they would have to advise the court and file a motion, that his failure to appear was not deliberate but as a result of her filing for support when she knew he was out of the country and would not be able to appear. Moreover, he did not know about the hearing prior to leaving and that he looks to resolve this matter and asks that the Judge set a new court date, when he can appear. Doing this would allow him to return without being arrested.

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Expert:  CrimDefense replied 5 years ago.
Hi Sandy. I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 5 years ago.

The lawyer are working on the motion for appeal some reason my current attorney is more interested in going to appeal than trying to settle this case with my ex attorney. I need to come in to country... Is there any other way to come in maybe through canada so I can retain another attorney myself or get another attorney to file for settlement with my ex and motion to court to settle and informed them it was not deliberate? It is so hard coordinating all this from outside it's my problem now

Expert:  CrimDefense replied 5 years ago.
You can ask your attorney to explain to you the reasoning behind how he wants to proceed. If you are not comfortable with it, you can contact attorneys over the phone, consult with them, retain them and they can start working on your case and the other one can be dismissed. I know you need to return but if you do and there is a warrant, you could be served with it and taken into custody. You then would likely have to bond out, unless there was no bail set on the warrant, in which case you would be held until you for before a Judge.