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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4489
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I have court on July 8th @9am warrant that happend 5-6 years

Customer Question

I have court on July 8th @9am for a warrant that happend 5-6 years ago that I was not aware of and I am out of state and my flight back is July 8th @4pm is there any way I can request to reschedule or what will happen since I won't be able to show up ??
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 1 year ago.


I'm sorry to hear about your situation. It is going to be difficult to try to postpone the case on such a short timeline...typically a written postponement request is filed in advance if a defendant cannot be there in person. I would suggest trying to contact the clerk of court's office first thing Tuesday morning (since courts are closed on Monday) to see if it is possible to fax in a request for a postponement along with a copy of your airline ticket to show that you are out of state. You could also try to overnight a written request for a postponement along with your ticket copy and hopefully the court will process it before your trial date. Another option you have is to try to retain an attorney by calling around before the 8th...the attorney can show up on your behalf with a copy of your ticket and request a postponement. Depending on how complicated the underlying case is, you may be able to find an attorney to handle it for you for a flat fee.

If you are unable to get it postponed by those means, it is possible a new warrant could be issued for your arrest. If that does happen, you can file a motion to quash the warrant, stating that you were out of town for the court date and was not previously aware of it, and attach a copy of your ticket to that. Hopefully, however, the clerk's office will let you send in the ticket via a fax so that you won't have to deal with that.

Customer: replied 1 year ago.
ok this information is really helpful and i will be doing so tuesday morning if they do put out a bench warrant will I be stopped at the airport July 8th at @4pm a few hours after missing court ?
Expert:  Hammer O'Justice replied 1 year ago.

It is unlikely that the warrant will be entered into the system that quickly. Anything is possible but it has to be signed by the judge and inputted into the computer system and that typically takes more time than that, depending on how busy the courthouse is.