What Does It Mean to Have a Warrant Recalled?
Bench warrants are the most common types of the warrant. They are typically issued when you failed to appear in court, pay fines or complete court-ordered programs. If you are arrested on a bench warrant and you have not hired a criminal defense lawyer to represent you, the prosecution will likely argue that you cannot be trusted to appear in court, and you will likely have to pay expensive bail fees if you wish to be released.
So what can you do if a warrant has been issued for your arrest? The first thing you need to do is contact a skilled criminal defense lawyer. Your attorney may be able to have a bench warrant recalled without you having to be taken into custody.
What Does Having a Warrant Recalled Mean?
To recall a warrant means that the court’s initial authorization to have you arrested has been reversed. If the warrant for your arrest has been recalled, you are no longer wanted by law enforcement, and you will no longer have to worry that you could be arrested at any time. Essentially, having your warrant recalled means it is nullified and declared invalid by the court.
So, how do you get your bench warrant recalled?
How to Recall a Warrant
The first thing you should do if you wish to have a warrant recalled is contact an experienced criminal defense attorney. Inform your attorney why a warrant has been placed on you and provide your lawyer with any documents or background information that further explains the reasons why a warrant was issued for your arrest.
Next, your criminal lawyer will request the court to recall the warrant. In misdemeanor cases, your lawyer will often be able to appear in court on your behalf, meaning you will not be required to show up in court and you will not have to miss time from work. However, if the warrant against you involves a felony offense, you may have to appear in court with your lawyer.
In most cases, your attorney may be able to have your warrant recalled as long you are able to complete the actions you failed to perform that resulted in the warrant being issued. These actions could include:
- Paying any fines or fees
- Showing proof that you engaged in or completed court ordered programs or counseling
- Making any required court appearances
- Meeting with your probation officer as required by your probation order
- Making restitution as ordered by the court
If your warrant involves a felony crime, you may be required to post bail in order to have the warrant recalled. In some felony cases, you will have to be taken into custody if you are facing a felony probation violation. If this is the case, you may not be able to post bail until such time as you appear at a probation violation hearing. You will need an experienced criminal defense lawyer to represent you at the probation violation hearing.
An experienced criminal defense lawyer may also be able to help you save money on bail by arguing to the court that your bail should be reduced or connect you to a bail bondsman who will give you reduced fees (through attorney-referred bail bonds).
How Long Does It Take to Recall a Warrant?
Thankfully, it shouldn’t take long to recall a warrant. The process generally takes around a week or so, depending on how long it takes for your lawyer to draft the motion, file it with the court, and wait for the judge to make a decision. Typically, the judge will review the motion and make his ruling within 7 business days. However, the amount of time it takes can vary from case to case and from court to court.
Contact the Criminal Defense Attorneys at Wallin & Klarich Today
If a warrant is out for your arrest, you could be arrested in front of coworkers or family and friends. When you know you have a warrant out for your arrest, you are constantly having to live in fear of being arrested. This is why you need to take steps to have your warrant recalled so you can move on with your life.
An experienced criminal defense attorney may be able to have the court recall the warrant. Our attorneys at Wallin & Klarich have been successfully representing clients in warrant matters for more than 40 years. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you are located.
Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
Sources:
https://definitions.uslegal.com/b/bench-warrant-recall/
http://legalbeagle.com/8130409-arrest-warrant-recalled-judge.html
http://trafficcourtpros.com/blog/what-does-it-mean-if-a-warrant-is-recalled/
