HELP!!! I have a warrant, can you get it lifted?
Every criminal defense attorney has probably answered that question thousand times. The answer to the question often depends largely on the situation. If there has been a warrant issued for someone’s arrest, most of the time the person has been charged with a crime or they have violated a probation that are already on for committing a crime in the past. To lift the warrant it is usually going to involve that person surrendering to the authorities and having a bond posted by paying money into the county fund or by paying a bondsman to post it for them.
Once they have been released from jail the bond ensures that they will appear for court as instructed. If they don’t appear for court the money they put up for bond will be lost in what’s called upon bond forfeiture. The moral of the story is always show up for court.
As an attorney representing clients in criminal cases it is very common for me to start out by helping a client get a warrant lifted before I do anything else on the case. I will work with the client to make arrangements to have the bond set in advance if possible so that when they surrender they will be able to be released as soon as possible. This is called a walk through.
Occasionally there is the possibility of convincing a judge to grant the client a PR bond, or personal recognizance bond. This type of bond does not cost any money up front and allows the warrant to be lifted. However if in the future the person does not show up for court then they will owe the court a large sum of money for violating the PR bond.
Sometimes if the warrant is for a probation violation it is possible to have that bond posted without the client having to surrender at all. Unfortunately in some other situations the law does not allow for the setting of a bond for a probation violation. In this circumstance it is imperative to try to negotiate a resolution to the violation as quick as possible so the client can get out and go back to work.
The code of criminal procedure says that the reason for setting a bond at a certain amount is to ensure the persons appearance in court and to ensure the safety of the public. There are some cases for which the judges are unwilling to set a bond (or set it at an amount that the client can afford) if they believe that it would be safer for the community if this particular person stays in jail. Lawyers can’t always force the judge to release someone that they think is dangerous.
In all of these situations it is imperative that you have an attorney with the reputation and expertise that will allow them to give you the best chance of securing an affordable bond.
Call the Law Office of Roger E. Haynes at 214-526-3300 if you need help with representation on a criminal case and let us help you get that warrant lifted.Read the rest of this entry »