A bench warrant recall is a court's decision to cancel a previously issued bench warrant. A bench warrant itself is an order that allows law enforcement to arrest a person who has failed to appear in court as scheduled. When a bench warrant is recalled, the authorization for the arrest is reversed, often due to the individual taking appropriate steps, such as paying fines or scheduling a court appearance.
Bench warrant recalls are primarily used in criminal law. They come into play when a person has missed a court date and a warrant for their arrest has been issued. The recall process can involve various legal procedures, and individuals often benefit from consulting an attorney to navigate these complexities. Users may find legal templates on platforms like US Legal Forms to assist in managing their situation effectively.
Here are a couple of examples of abatement:
Example 1: A person misses their court date for a traffic violation, resulting in a bench warrant. They hire an attorney who successfully requests the court to recall the warrant after the individual pays the fine and schedules a new court appearance.
Example 2: A defendant fails to appear for a scheduled hearing in a criminal case. After consulting with their attorney and addressing the reasons for their absence, the attorney files a motion to recall the bench warrant, which the court grants. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Bench Warrant Recall Process |
|---|---|
| California | Requires a formal motion and hearing for recall. |
| Texas | Can be recalled by paying fines and notifying the court. |
| New York | Typically involves a legal representative filing a request. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition |
|---|---|
| Bench Warrant | An order for arrest due to failure to appear in court. |
| Arrest Warrant | A broader term that includes warrants issued for various offenses, not just failure to appear. |
| Warrant Recall | A general term for canceling any type of warrant, including bench warrants. |
If you have a bench warrant issued against you, consider taking the following steps:
In complex situations, seeking professional legal help is advisable.
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A bench warrant is a court order for law enforcement to arrest a person who fails to appear in court.