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RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 13665
Experience:  Experienced in multiple areas of the law.
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Pearl, I have a 10 year old warrant to appear

Customer Question

Hi Pearl, I have a 10 year old warrant for failure to appear in court for financial transaction card fraud and party to crime. It has been 10 years and I was never pricked up on the warrant. I want to kno what can I do to get rid of this warrant
JA: My brothers got into lots of trouble with the law when they were young. The Criminal Lawyer will know how to get you the best outcome. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Criminal Lawyer can help you best. Is there anything else important you think the Criminal Lawyer should know?
Customer: Hi Pearl, I have a 10 year old warrant for failure to appear in court for financial transaction card fraud and party to crime. It has been 10 years and I was never pricked up on the warrant. I want to kno what can I do to get rid of this warrant
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
I have resided in the state where the warrant was issued the entire time. I have a disabled child and I care for my ill father and I want to know how I can take care of this without going to jail. Is there a statute of limitations on the case?
Expert:  RobertJDFL replied 1 year ago.
Thank you for using Just Answer. I look forward to assisting you. Bench warrants are issued by judges or magistrates when a person fails to comply with court orders, such as when a defendant fails to show up for a scheduled court appearance (for whatever reason), as in your case. While the laws that govern bench warrants differ from state to state, a person can try to have a bench warrant "quashed" — meaning overthrown or set aside — by convincing the judge that they had a valid reason to violate the court order. When a warrant is quashed or set aside, it is overturned. The presiding judge is the person who can do this, and once a warrant is quashed, it is no longer in effect. While the process likely varies from state to state, generally, a party would have to file a Motion to Quash or Motion to Recall the warrant in the county where the warrant is outstanding.Upon receipt of a written request, the judge will review the defendant's reasoning for failing to appear, the nature of the charges, the prior times that the defendant has failed to appear, and whether the defendant has been advised of his or her rights. If the charge is minor, the judge may not require an appearance. In those situations where the defendant has not previously been advised of his or her rights, the charges are more serious, or there is not a sufficient reason for the defendant's failure to appear in court, judges will frequently require the defendant to appear. What you want to keep in mind is just because you haven't been picked up on the warrant is not a valid reason to have it recalled/quashed. The warrant has no statute of limitations and doesn't expire, unfortunately. And, some judges will outright refuse to quash any warrants, meaning you would have to turn yourself in on the warrant and go before the judge before they'll even consider argument as to recall it or not.Because the process can vary greatly from state to state and even judge to judge, the only way to get a good idea of what you can do in your case (and if filing a motion is a possibility) is to speak with a criminal lawyer in your area. Many, if not most, criminal lawyers, offer free consultations, and there's never an obligation to hire them.Your complete satisfaction is my goal. If you need additional information or clarification about my answer, please reply, and I'm happy to assist further. Otherwise, kindly remember to leave a positive rating by clicking on the stars/happy faces (3-5 stars/happy faces) as that is the only way experts such as myself are compensated on this site for our time and expertise, even if you have left a deposit. It doesn't cost you anything extra to leave a rating. Thank you.
Expert:  RobertJDFL replied 1 year ago.
If you have no further questions about this matter, kindly remember to leave positive feedback, as that is the only way experts are compensated for our time. Thank you.