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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27438
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My fiancé was arrested and found out later that he had a

Customer Question

My fiancé was arrested and found out later that he had a bench warrant, how can I get him out since there is a hold on his account
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: Sc, I'm not sure no one will give me information on the warrant
JA: Have you talked to a lawyer yet?
Customer: I talked to his previous lawyer and all he said was he'll see what he can do but I haven't heard back
JA: Anything else you want the lawyer to know before I connect you?
Customer: No thank you.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 11 months ago.

Unfortunately, if there's a hold on your fiancé because of a bench warrant, you can't bond him out until the warrant has been lifted. For that matter, depending upon what the warrant is for (violation of probation or parole, for example), you may not be able to bail him out at all.

If your fiancé's lawyer won't give you the information you need about the warrant matter, call the clerk of the court and he should be able to pull up the information on the computer. Then, once you know what the warrant was issued for, you can see whether there is any chance his lawyer will be able to help you get that lifted to get him out. If it's a violation of probation or parole or an out of state matter involving extradition, you're not likely to be able to get him out of jail any time soon. But if it's an in-county or in-state matter, you'd have a better chance of getting the warrant lifted and bail set.

Customer: replied 11 months ago.
Is it possible for me to lift the warrant myself?
Expert:  Zoey_ JD replied 11 months ago.

Not unless you are a lawyer licensed to practice in the state. Only the judge who ordered the warrant can lift it, and it requires the defendant or (depending upon the judge) a lawyer acting on behalf of the defendant to appear in court and ask for the warrant to be vacated.

Only lawyers can advocate in court before a judge.