My question involves criminal law for the state of: MI
Someone I know recently found out they have a bench warrant from 15 years ago in another state. He was never arrested, no bail or anything, but he received a misdemeanor traffic ticket and had to show up for court. He had no criminal record, showed up for his court date and pretrial conferences, and agreed to a deal with the prosecutor to pay a fine and dismiss the charge. He missed the final plea date due to circumstances beyond his control. He was young and scared and didn't know if he would get in more trouble, and when nobody ever contacted him about the case again, he says he just closed his eyes and hoped for the best.
One year later he got pulled over by a police officer even though he wasn't doing anything wrong. The officer ran his driver's license, and he was scared he might get arrested because of the misdemeanor case. He didn't really know, but he was worried. Instead, the officer let him go and said have a nice day. From that point, the person I know was relieved, and assumed the case had been closed. In the last 14 years, he has been stopped for a couple of petty traffic violations, and was never arrested or told he had a warrant. He passed background checks. He had long since forgotten about this case and assumed it was closed.
Recently, however, he found out he has a bench warrant for missing the plea date. He immediately contacted the court, of his own volition, and asked about resolving the matter. He was told the only sure-fire thing he could do would be to show up and turn himself in, but in lieu of that, he was given a few other options of which he decided to contact the current prosecutor. The prosecutor looked into his case and said her office would uphold the original deal, but unfortunately he would have to turn himself in. He asked if an attorney could show up for him and get the warrant recalled, and she said it might be possible, but she can't advise him or do it on his behalf.
At this point, the person I know would like to resolve the case, but he's considering his options.
1) Can he voluntarily show up in court himself without being arrested?
-Could he ask the judge or someone to recall the warrant if he shows up voluntarily and already has everything worked out with the prosecutor?
-If he has to take this option, are there better times and days to do this?
2) If he can't resolve the issue himself, can a lawyer get the warrant canceled?
The person I know isn't worried about the original misdemeanor case, which is already negotiated and ready to be closed. He's worried about the FTA warrant and doesn't want to get arrested or go to jail.
Thank you in advance.
Someone I know recently found out they have a bench warrant from 15 years ago in another state. He was never arrested, no bail or anything, but he received a misdemeanor traffic ticket and had to show up for court. He had no criminal record, showed up for his court date and pretrial conferences, and agreed to a deal with the prosecutor to pay a fine and dismiss the charge. He missed the final plea date due to circumstances beyond his control. He was young and scared and didn't know if he would get in more trouble, and when nobody ever contacted him about the case again, he says he just closed his eyes and hoped for the best.
One year later he got pulled over by a police officer even though he wasn't doing anything wrong. The officer ran his driver's license, and he was scared he might get arrested because of the misdemeanor case. He didn't really know, but he was worried. Instead, the officer let him go and said have a nice day. From that point, the person I know was relieved, and assumed the case had been closed. In the last 14 years, he has been stopped for a couple of petty traffic violations, and was never arrested or told he had a warrant. He passed background checks. He had long since forgotten about this case and assumed it was closed.
Recently, however, he found out he has a bench warrant for missing the plea date. He immediately contacted the court, of his own volition, and asked about resolving the matter. He was told the only sure-fire thing he could do would be to show up and turn himself in, but in lieu of that, he was given a few other options of which he decided to contact the current prosecutor. The prosecutor looked into his case and said her office would uphold the original deal, but unfortunately he would have to turn himself in. He asked if an attorney could show up for him and get the warrant recalled, and she said it might be possible, but she can't advise him or do it on his behalf.
At this point, the person I know would like to resolve the case, but he's considering his options.
1) Can he voluntarily show up in court himself without being arrested?
-Could he ask the judge or someone to recall the warrant if he shows up voluntarily and already has everything worked out with the prosecutor?
-If he has to take this option, are there better times and days to do this?
2) If he can't resolve the issue himself, can a lawyer get the warrant canceled?
The person I know isn't worried about the original misdemeanor case, which is already negotiated and ready to be closed. He's worried about the FTA warrant and doesn't want to get arrested or go to jail.
Thank you in advance.
Arrest Warrants: Bench Warrant - Fta
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