How To Get Rid Of A Bench certify

Pro Bono Child Custody Lawyers - How To Get Rid Of A Bench certify

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A Bench certify is a written order by a Judge directing law obligation to arrest person and bring them before the Court. Bench Warrants ordinarily arise when person is charged with a crime and then fails to appear at Court when directed. If you had a Bench certify issued against you, it's not the end of the world but you will want to take care of the certify as soon as possible. The process of getting rid of the certify is called "Quashing the Warrant."

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There are some ways to get rid of a bench warrant: contacting the Court, having your attorney file a petition to Quash, or sit back and do nothing. No matter which decision you make, you will eventually have to go before a Judge and ask them to take off the warrant.

Contacting the Court

Every Court will have a procedure in place for dealing with Bench Warrants. You can caress the Court, whether by phone or in person, and ask them what you will need to do. Most courts will allow you to call their Clerk's Office and ask about the procedure in your case. Before the Clerk's Office will set a hearing for you, you will need to come down and make a personal appearance. Depending on the circumstances, they may wish you to pay a fee or post a bond before they will set the hearing.

Remember that having a Court set a hearing to conclude if a Bench certify will get quashed is Not the same thing as really having it quashed. The certify will remain active until a Judge signs another order quashing it.

Motion to Quash

The easiest way to get rid of a Bench certify is to have your attorney do it for you. He or she can caress the Court and ask for a hearing before a Judge. This is commonly concluded by filing a petition to Quash Bench Warrant. Although some courts will wish a personal appearance by the Defendant before allowing any hearing to be set, most won't.

Sit back and do nothing

Believe it or not, this is the most coarse way of dealing with a bench warrant. The downside of this method, of course, is that you have no operate over when you get picked up. The only thing you can be sure of is that it will happen at the most inconvenient time. For example, if you are stopped for a minor driving offense and have kids in the car; who will take custody of the kids while you are on your way to jail?

What happens if the certify is not quashed?

If the certify is not quashed, then you will be taken into custody and you will remain there until whether the case is concluded or a Judge grants another issue Order.

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