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My fiance is supposed to be released from prison in 2 days. He was just told a week ago that he has a warrant and will be sent to county instead. He wasn't even aware of the warrant. It is a bench warrant for failure to appear on a 148.9a in 2007. However he has been in custody since 2000. What is the likelihood that this will be dismissed? What are we looking at here?
23 ANSWERS
If you hire an attorney there is a good chance the attorney can have the bench warrant recalled and have the case reset for another court date.
Answered on Jul 08th, 2013 at 10:27 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Yes.
Answered on Jun 03rd, 2013 at 1:31 AM
Jacob P. Sartz
It depends on the charges, the warrant, and the judge. Your fiance should hire an attorney to represent him or request the court appoint him one at his arraignment.
Answered on Nov 02nd, 2011 at 1:33 PM
Not a chance. A 148.9 will most certainly not be dismissed just because he did state time. The two are completely separate! Just think, just because you robbed the bank, do you think the government will then dismiss a petty theft case? No way..
Answered on Oct 28th, 2011 at 1:21 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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The bench warrant will be dismissed upon his return to the court.
Answered on Oct 28th, 2011 at 1:21 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
Yes, a bench warrant case be dismissed/cancelled. I would need more facts. It really depends on why he missed court and what the court date was for. For example, if it was a speeding ticket, then he can likely cancel the warrant pretty easily and pay the fine or get credit for time he has already spent in custody. If it was a Failure to Appear for trial on felony charges, then your fiance may be in trouble. It depends.
Answered on Oct 10th, 2011 at 1:27 PM
Juvenile Criminal Defense Attorney serving Englewood, CO
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Iyer Law Office, LLC
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If he was in custody and can prove that then the Court issuing the warrant will dismiss the warrant and the warrant fee but he will have to face up to the charges that gave rise to requiring his appearance in Court. The burden is on your fiancee to prove why he could not appear and that the failure to appear was for good cause beyond his control or circumstances.
Answered on Oct 10th, 2011 at 9:37 AM
Your fiance may have a speedy trial issue that could lead to a dismissal-if he was in custody in the same state as the county from which the warrant issued, the county did not have to wait 4 years to prosecute this case. That being said, it is unlikely the warrant and/or case will simply be dismissed. Your fianc should hire counsel to represent him on the matter and research the speedy trial issue further, among other possible defenses.
Answered on Oct 07th, 2011 at 5:18 PM
Criminal Law Attorney serving Santa Ana, CA
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The Law Offices of Christopher J. McCann
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It is unlikely to be dismissed. He should have sent a demand letter to the DA under Penal Code 1381 to prosecute him or dismiss it within 90 days. Now it is too late. Best thing to do is to have an attorney appear immediately and get the warrant recalled without him there so he doesn't get held longer while they transport him all the way back to court for a misdemeanor.
Answered on Oct 07th, 2011 at 3:52 PM
He will have to appear in court and answer to the bench warrant. It is possible that it could be dismissed if he reason for not appearing is satisfactory to the Court.
Answered on Oct 07th, 2011 at 3:35 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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What is a 148.9? If there is an active warrant for your husband's arrest, at the time he is to be released, he will be held for a short time period for the county to pick him up. If they do not, he will be let go. He will have to go to that county to take care of his case. If there has been a detainer against him while he was in prison, then he will get credit for that tiime. If there was not a detainer against him, then he will not get credit. I don't know how he could fail to appear in 2007 if he had been in prison since 2000.
Answered on Oct 07th, 2011 at 1:42 PM
He will be transported to county and should have a hearing on the warrant within three days. At the hearing the warrant will be withdrawn and vacated. Because he was in state prison for the last few years including the date he was to appear on the case for the warrant he should get it dismissed and be released.
Answered on Oct 07th, 2011 at 1:30 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Anything can be dismissed, however it's unlikely. At least not without showing up, turning yourself in and going before the judge because the matter really can't be resolved until that takes place. He faces jail time, but that doesn't mean he will get it. It all depends on the judge, and the reason why he did not appear. Consider retaining an attorney to help you get the matter resolved.
Answered on Oct 07th, 2011 at 1:28 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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He should have been produced on this warrant long ago. They are playing games with him. He needs a food lawyer. I really can't tell you what might happen.
Answered on Oct 07th, 2011 at 12:58 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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There's a form he can file with the court where he warranted or with the CDC, I think the number is 1082, requesting that the warrant and charges be dismissed because he served prison time on another case.
Answered on Oct 07th, 2011 at 12:58 PM
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There is something called the uniform mandatory disposition of detainers law. If client was never made aware of this pre-conviction detainer by the warden, then it is possible to get the case dismissed.
Answered on Oct 07th, 2011 at 12:27 PM
Criminal Law Attorney serving San Jose, CA
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Maureen Furlong Baldwin
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The county has 5 days to pick him up on any holds or detainers. there may be bail on the case that you can pay. Or you can wait to see if the county picks him up. How can he get a bench warrant in 2007 if he has been in custody since 2000. That is a misdemeanor false name to a cop case???
Answered on Oct 07th, 2011 at 11:39 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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Yes. A bench warrant can be recalled. Once the warrant is recalled you then have to deal with the case itself. It is not clear from your question what has happened on the 148.9 case. Did your husband ever appear on that case? Was he convicted? Is he on probation for that case? What you should do is hire an attorney to appear in court to have the warrant recalled and try to resolve the case for any time he has already served in prison if possible. Ultimately, more information is needed to properly evaluate your husband's situation and determine what is the best course of action. I hope this answer was helpful. Good luck.
Answered on Oct 07th, 2011 at 11:19 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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There is an active case which is what caused the bench warrant to issue. The issuing of a warrant tolls the statute of limitations so the prosecutor can pursue the charges at a later date. You dont say what the warrant is for. If it is a serious crime, there is a strong possibility that when your fianc appears in court, the judge will set bail (which could be substantial), in which case if your fianc cant meet the bail, he will go back to jail and be held on this charge. The judge could also say no bail, and he goes to jail. Without knowing the charge, it is impossible for me to say with certainty. Be prepared for more jail time.
Answered on Oct 07th, 2011 at 11:17 AM
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No it cannot be dismissed on its own. You need to hire an attorney and untangle this web. The lawyer will go to Court, speak with Judge and see what the warrant is for, why and how much. Depends on how serious the case is and what county you are in.
Answered on Oct 07th, 2011 at 11:09 AM
Drivers License Suspension Attorney serving Redlands, CA
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Law Offices of Matthew Murillo
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The bench warrant will be dismissed once he appears. A warrant isn't a legal charge, in and of itself. It is more like an order to appear "by force". It is an order or the police to arrest and bring the defendant before the court to face the charges. If he knew of the charges, it doesn't matter whether e knew there was a warrant.
Answered on Oct 07th, 2011 at 11:08 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry A bench warrant can be recalled under many different circumstances. I am not sure what a 148.9a is all about. However, if there is a warrant, it needs to be addressed. He will be brought to Court and the bench warrant will be considered. It could then be dismissed, understanding that he was in jail at the time. If you had an attorney and a record of incarceration was presented, perhaps the bench warrant would be recalled with the proof of incarceration. However, another court would need to be set to take up the issue that circuit court has with him I hope that this was helpful.
Answered on Oct 07th, 2011 at 10:54 AM
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Yes. You or your lawyer have to go in front of the Judge who issued it and request that it be dismissed. The Defendant does not necessarily have to be present.
Answered on Oct 07th, 2011 at 10:53 AM