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My son was charged on a misdemeanor for throwing eggs at a car, the judge let him off and gave him another date where the judge

Flushing, MI |

would be reviewing his case. The court did not say he had to be at review date. Now he received a letter with a bench warrant for his arrest. what do we do

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Attorney answers 4

Posted

Any time a court date is scheduled in your case, you should always attend. I would suggest going to district court as soon as possible to resolve these issues.

Tara Moody-Nichol is licensed only in the State of Michigan. All answers provided relate only to Michigan law and are made for general information purposes ONLY. They are NOT intended to be legal advice and are NOT intended to create an attorney-client relationship between Ms. Moody-Nichol and any readers or subscribers to avvo.com. Tara Moody-Nichol Attorney at Moody & Nichol, PLLC East Lansing, MI (517) 583-0520

Asker

Posted

are they going to arrest him or can we ask for the warrant to be quashed

Asker

Posted

Do we go to original court or do we have to go to a higher up court

Asker

Posted

Do I need a lawyer or can we do this?

Tara E. Nichol

Tara E. Nichol

Posted

Yes, he will arrested because there is a warrant. If you want to retain an attorney you can. Most district courts have court appointed attorneys on contract for defendants.

Asker

Posted

Can we quash warrant without attorney

Posted

He needs to get himself turned in on the bench warrant. I would suggest that he attend with an attorney. It sounds like he misunderstood that he was required to appear.

Asker

Posted

Can we post bail right away or will he be in holding cell til they get to him

Ronald S. Pichlik

Ronald S. Pichlik

Posted

It may be possible to post the bail right away. It will really be up to the judge. He may be held in the holding cell until the new bond has been posted. An attorney can assist in arranging this so it goes much quicker and smoother.

Posted

Unless the Court specifically excuses you from attending a Court date, your appearance at a Court date is always mandatory. How can a Judge properly review a case if he or she does not hear from the Defendant? If you can afford to hire a lawyer for your son, you should do so. The lawyer can help address the bench warrant and get the case back on track. Usually a Court will not provide a lawyer to address a bench warrant. If you cannot afford a lawyer for your son, call the Court and make arrangements to turn him in on the bench warrant. He has a better chance of not being incarcerated if he takes the necessary steps to bring himself before the Court to explain what happened.

Posted

Have him go to the courthouse immediately. An outstanding bench warrant only gets worse the longer it is active. If he goes to the court immediately, his reason for not attending the court date will have more weight rather than simply ignoring the court.

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