I have a bench warrent for missing a court date. Can I get it dismissed if I never got a notice to show up in court?

Asked over 1 year ago - Los Angeles, CA

I have a bench warrent for not showing up in court, I never knew I had a court date because I never received a letter saying what day to be in court. Its for vandalism charges, I am also a Marine if that will help any. I don't have any history, this is my first time being in trouble with the law and my first time missing a court date.

Attorney answers (4)

  1. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . You are going to need to quash the warrant. In order to do that you can either hire an attorney to go in there for you or go in on your own. Having an attorney go in for you can be more beneficial, as some judges may still take you into custody. But the sooner you move the better your chances of getting this removed. Your excuse is VERY IMPORTANT.

    Also, you may have your speedy trial rights violated which can get you a dismissal.

    Elliot Zarabi
    www.FreeCriminalConsultation.com
    213-612-7720

    Elliot Zarabi www.FreeCriminalConsultation.com 213-612-7720 This answer does not constitute full legal advise. I... more
  2. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Get an attorney. I must assume you were never cited , as that would have a date to appear . Your being in the service might help. Take Carr of this ASAP with an attorney.

    Andrew Roberts
    (818) 597-0633

  3. Majid Seyfi

    Contributor Level 10

    2

    Lawyers agree

    Answered . Uncortunaty, you can't get a case dismissed simply because you didn't receive a notice in the mail. Bu you have an explanation for your FTA. So, you may ask the judge to recall the warrant when you go to court, so that you may be released OR i.e. court won't set bail in spite of your failure to appear. Remember, vandalism is a wobbler, meaning it could be charged as a felony or a misdemeanor. In your case, if it was a felony, it's more likely for the court to set bail if you continue to ignore the bench warrant.

  4. Brian Russell Michaels

    Contributor Level 16

    Answered . No! Either you or your lawyer will need to go to court to get it recalled. Being a Marine does not help and wont help your career much if you leave a bench warrant hanging over your head forever. Its not going away.

    Brian Michaels
    www.socalcrimdefense.com
    3109919179

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