How to get a bench warrant removed?

Asked about 3 years ago - Columbus, MS

My husband has a bench warrant for contempt to court. At the time of court he was deployed in Afghanistan. He just got home last month and was only home for 2 weeks when he got pulled over and arrested. He's been in jail for almost a month. Police and other law enforcements says that the bench warrant can be lifted of removed, but his attorney is saying there is nothing she can do about it. So how can I get this removed. He's written a letter to the State and I've tried talking to his attorney over and over again. Should I go to the judge?

Attorney answers (2)

  1. Victor Wallace Carmody Jr.

    Pro

    Contributor Level 14

    1

    Lawyer agrees

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    Answered . Hire another Attorney who has worked with military personnel.There should be a section of what is called "The soldiers and sailors relief act"which could provide relief for the contempt of court charge your husband is facing.Further ,consider calling your congressional repsentative (U.S. Senator.or U.S. Repsentative) These elected officials really support the Military and can bring this support to your husbands aid.Please collect his records of deployment along with all military orders ,travel orders,and the like to aid in his defense. Lastly,do not contact the Judge yourself.In Mississippi this could be called EAR WIGGING the Judge( contacting the Judge out of court about a matter (case) that is before the court.Your husband should have the opportunity to have a hearing on this charge of criminal contempt.and he should have the assistance of a Lawyer who has defended criminal contempt charges.
    Good Luck!

    Victor Carmody

  2. John M. Kaman

    Pro

    Contributor Level 20

    Answered . Going to the judge will not accomplish anything; in fact, the judge will not listen to you or read your mail. On the other hand it is a mystery to me why his lawyer cannot do anything about it. He was in Afghanistan on military deployment so he couldn't have complied. Normally all it would take is for a lawyer to explain that circumstance and the BW would be withdrawn. I am sure there are facts in this case I don't know but if the lawyer cannot get him out of jail he should considering interviewing other lawyers.

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