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I need to get a warrant recalled for failure to appear. Can anyone help me?

Fayetteville, NC |
Filed under: Criminal defense

I missed a court date due to the death of my grandmother. Is there anyway to get it recalled?

Attorney Answers 2


Hire a lawyer to go to court with you. Bring proof of your grandmother's death and perhaps the court will reinstate your bond with costs. (You should have called the ahead of time to let them know of the situation, but that is water under the bridge.)

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In NC (and especially in Cumberland County), the answer depends at least partly on what level of court you missed and what your charges are. In superior court, usually if you can report to court before the week is out, the presiding judge may be willing to recall the order for arrest. If that day has passed (and if there is an order for arrest it probably has), you will need to report to the magistrate's office to turn yourself in. Having an attorney with you can help encourage the magistrate to set a lower bond or unsecure the bond. If you missed district court you may be able to make the arrangements yourself by talking to an assistant district attorney.

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